Common Medical Malpractice Claims: What Patients Need to Know
When we seek medical care, we trust that healthcare professionals will provide positive treatment. However, medical malpractice can occur when that trust is broken due to negligence, error, or misconduct. Patients who suffer from medical malpractice can experience significant physical, emotional, and financial consequences.
As a Kansas City medical malpractice attorney, Ben Mook is committed to helping victims understand their legal rights and take action to seek justice. Medical malpractice claims can arise in many different forms, from surgical errors to misdiagnoses.
It is crucial for patients to recognize when their injuries or health complications may be the result of medical negligence. We will explore the common types of medical malpractice claims and what patients need to know when they believe they’ve been harmed by a healthcare provider's mistake.
Types of medical malpractice claims
Medical malpractice claims can be based on a variety of incidents in the healthcare field. Below are some of the most common claims that patients file:
Surgical errors:
Surgical errors are among the most severe and dangerous types of medical malpractice claims. These errors can include performing surgery on the wrong body part, leaving surgical instruments inside the body, or making critical mistakes during the procedure.
Common types of surgical errors include incorrect incisions, anesthesia mistakes, nerve damage, and infections that result from poor surgical techniques or inadequate post-operative care.
Misdiagnosis or delayed diagnosis:
A misdiagnosis or delayed diagnosis can lead to serious harm, especially if a patient is not treated for a condition in a timely manner.
Similarly, failing to recognize the severity of symptoms or misinterpreting test results can contribute to a delayed diagnosis, resulting in a lack of proper care and treatment.
Medication errors:
Medication errors can occur at any stage of treatment. These errors can involve prescribing the wrong medication, administering the wrong dosage, or failing to account for drug interactions or allergies.
Common medication errors include improper prescribing practices, pharmacist mistakes, and failure to monitor a patient’s response to a drug properly. In some cases, patients may suffer from adverse reactions or overdoses as a result of these errors.
Birth injuries:
Birth injuries can have lifelong consequences for both the baby and the mother. These injuries may be caused by medical malpractice during pregnancy, labor, or delivery.
Examples of birth injuries that can lead to medical malpractice claims include brain injuries caused by improper use of forceps, failure to recognize fetal distress, or mistakes made during a cesarean section.
Anesthesia errors:
Anesthesia errors can be deadly, as anesthesia is used during many types of surgeries and medical procedures. Errors related to anesthesia can include giving too much anesthesia, failing to monitor the patient’s vitals, or administering the wrong type of anesthesia for the procedure.
These errors can lead to complications such as brain damage, organ failure, or even death. It is critical for anesthesiologists to administer the correct dosage and monitor patients closely during the entire process.
Nursing negligence:
Nurses play a crucial role in patient care, and errors made by nurses can also lead to serious injury or harm. Nursing negligence can involve failing to monitor a patient’s condition, administering the wrong medication, or neglecting proper hygiene protocols, leading to infections.
Patients can also suffer if nurses fail to communicate effectively with other medical staff or misinterpret vital signs.
Hospital or facility negligence:
Hospitals and other healthcare facilities are responsible for maintaining a safe environment for their patients. Negligence in a healthcare facility can include failing to maintain proper sanitation, not providing adequate staff to handle patient needs, or allowing hazardous conditions, such as unclean equipment or poorly trained personnel, to persist.
Facility negligence can contribute to preventable infections, falls, or other serious complications.
Recognizing these common medical malpractice claims is the first step in understanding your legal rights as a patient.
How to recognize if you have a medical malpractice case
Not every bad outcome or adverse reaction to treatment is the result of medical malpractice. In many cases, patients’ conditions may worsen despite the efforts of healthcare professionals. However, if you experience harm or injury as a result of negligence or substandard care, you may have grounds for a medical malpractice claim.
Here’s how to recognize if you may have a case:
You suffered from a preventable injury:
If the injury or harm you suffered could have been prevented with proper medical care, you may have a medical malpractice claim. For example, if a surgical error led to permanent damage that could have been avoided with proper care or expertise, that could be grounds for a claim.
There was a breach of the standard of care:
Healthcare providers have a responsibility to follow a certain standard of care, meaning they must provide the level of care that is accepted within the medical community. If a healthcare provider failed to meet this standard—whether through a misdiagnosis, medication error, or improper procedure—you may have a valid malpractice claim.
You experienced harm or injury as a result of the medical provider’s actions:
In order to have a successful medical malpractice case, you must show that the healthcare provider’s actions directly caused harm or injury. For example, if a doctor fails to diagnose cancer and your condition worsens because of the delay, this may be evidence that the failure to diagnose directly contributed to your injury.
There is a direct link between the error and the injury:
In order to prove medical malpractice, there must be a clear connection between the healthcare provider’s mistake and your injury. If the error led directly to your harm or worsened your condition, it could strengthen your case.
It’s important to remember that medical malpractice cases are highly fact-specific and require careful evaluation by a qualified medical malpractice attorney.
What to do if you believe you’ve been a victim of medical malpractice
If you believe you’ve been harmed by medical malpractice, it’s crucial to take the following steps as soon as possible to protect your health and your legal rights:
Seek immediate medical attention:
If you believe that your health has been compromised due to a medical error, seek treatment from a different healthcare provider immediately. Your health and well-being should be your top priority. A new provider can also document any injuries or complications that may have resulted from the previous care.
Document everything:
Keep detailed records of your medical history, treatments, appointments, and any other relevant documents. If possible, get a copy of your medical records from the healthcare provider involved. Document any symptoms, injuries, or changes in your condition and keep a log of all interactions with healthcare professionals.
Consult with a medical malpractice attorney:
A medical malpractice attorney can evaluate your case and help you understand your legal options. They will gather evidence, consult with medical experts, and work with you to build a strong case. An attorney will also help you understand the time limits for filing a medical malpractice lawsuit in your state, as there are statutes of limitations that may apply.
File a formal complaint:
In Missouri, you may file a formal complaint with the Missouri State Board of Registration for the Healing Arts if you believe a healthcare provider has acted negligently. This board oversees licensed healthcare professionals and can investigate complaints and take disciplinary action if necessary.
Consider legal action:
If you have suffered significant harm, you may be entitled to compensation. This can include medical expenses, pain and suffering, lost wages, and more. A medical malpractice attorney will guide you through the process of filing a lawsuit and seeking damages.
Taking action quickly can help protect your rights.
How a medical malpractice attorney can help
Dealing with the aftermath of medical malpractice can be overwhelming, but having Ben Mook on your side can make all the difference. Here's how a medical malpractice attorney can help:
Evaluating your case:
A medical malpractice attorney will thoroughly review your case, assess the facts, and determine whether you have a valid claim. They can help you understand the strength of your case and what steps to take next.
Gathering evidence:
Medical malpractice cases often require expert testimony and detailed medical records. An attorney can help gather the necessary evidence to support your claim, including working with medical experts to demonstrate that a breach of the standard of care occurred.
Filing a lawsuit:
If your case goes to court, your attorney will handle all the legal paperwork, including filing the lawsuit, managing discovery, and preparing for trial. They will be your advocate in the courtroom, presenting your case and fighting for you.
Negotiating settlements:
Many medical malpractice cases are settled before they go to trial. An attorney will help negotiate a fair settlement with the responsible party or their insurance company. They will make sure that your interests are represented during negotiations.
If you believe you’ve been the victim of medical malpractice, call Mook Law Firm LLC today.
Call Us Today
If you’ve been harmed by medical malpractice in Kansas City, Missouri, or in surrounding areas, it’s crucial to seek the help of a skilled medical malpractice attorney. At Mook Law Firm LLC, Ben Mook and our firm are dedicated to helping victims of medical malpractice. Contact us today to take the first step toward holding the responsible party accountable.