A Look at the Most Common Medical Malpractice Claims
Medical malpractice is a serious issue, and it’s important that you know what to do if you think your doctor made an error. One of the most common types of medical malpractice claims involves improper diagnosis. Doctors are usually obligated to diagnose patients properly before any treatment can be administered. If they fail in this duty, then they may be held liable for damages- which can include pain and suffering as well as lost wages or increased health care costs due to complications caused by the incorrect diagnosis.
A Doctor’s Clerical Error during Surgery
If a doctor fails to diagnose the patient properly, then they may be liable for damages. For example, if your doctor diagnoses you with pneumonia but it turns out that you actually have cancer, then the doctor may be held accountable for emotional and financial losses caused by misdiagnosis. A delayed diagnosis in a case like this is considered medical malpractice because doctors are duty-bound to determine a patient’s proper course of treatment as soon as possible.
Medication Misuse or Incorrect Administration
Medication errors occur often when doctors prescribe or administer medication incorrectly. In order to avoid liability in these cases, doctors must provide proof that they had a sufficient understanding of the drug interactions and side effects, in case there were any. In most cases, doctors can’t be held responsible for prescribing or administering medication incorrectly if their knowledge of the drug is limited to the information they glean from medical journals.
Incorrect Dosage Errors
Doctors must justify that they were acting in accordance with their standard of care when giving a patient treatment or medication. If a doctor fails to do this then the mistake may be considered malpractice. Doctors must also notify patients of potential risks involved with receiving treatment or taking certain medications before offering any treatments or prescriptions.
Lack of Informed Consent
Doctors must also communicate any relevant information to patients as appropriate. For example, if a doctor withholds or fails to mention important risks associated with taking a drug then the patient may have cause for legal action. If this results in an injury to the patient- such as side effects that would have been avoidable had proper precautions been taken- then the failure to inform becomes malpractice and the doctor will be held liable.
Improper Diagnosis
One of the most common types of medical malpractice claims involves improper diagnosis. In these instances, they can be targeted by lawsuits claiming delayed diagnosis (which is considered malpractice). Doctors are usually obligated to diagnose patients properly before any treatment can be administered. If they fail in this duty, then they may be held liable for damages- which can include pain and suffering as well as lost wages or increased health care costs due to complications caused by the incorrect diagnosis.
Medical malpractice claims have a large impact on both the medical and legal communities. If you suspect medical malpractice, it’s important to have the proper documentation and consult with a medical malpractice attorney on the best action to take in your case.
