When Does a Medical Error Become Medical Malpractice?
When seeking medical care, patients trust healthcare professionals to provide treatment that meets established standards of care. However, sometimes, mistakes happen. The critical question is: when does a medical error cross the line into medical malpractice?
The line can be blurry, but understanding the distinction is crucial, especially if you or a loved one has been harmed by an error in the medical field. Medical malpractice occurs when a healthcare provider’s negligence leads to harm or injury to a patient. It involves more than just an error or a bad outcome.
At Mook Law Firm LLC in Kansas City, Missouri, we know that medical errors are a significant concern for patients and their families. Here, we’ll discuss how medical errors can lead to medical malpractice, the factors that determine whether malpractice has occurred, and what you can do if you or someone you care about has been affected by a medical mistake.
What Is a Medical Error?
A medical error refers to a mistake made by a healthcare provider during the diagnosis, treatment, or care of a patient. Errors can happen at any stage of care, from initial consultations to post-treatment follow-ups.
These mistakes may include misdiagnosis, incorrect medications, surgical errors, or failure to monitor a patient's condition properly. While all medical errors are concerning, not every error rises to the level of medical malpractice.
Some common types of medical errors include:
Misdiagnosis or delayed diagnosis: Sometimes, a healthcare provider may fail to identify a condition or delay the diagnosis, which can result in improper treatment.
Medication errors: Administering the wrong medication, the wrong dosage, or not considering possible drug interactions are examples of medication errors.
Surgical errors: Mistakes made during surgery, such as operating on the wrong body part or leaving surgical instruments inside a patient, are also types of medical errors.
Anesthesia mistakes: Administering too much or too little anesthesia or failing to monitor anesthesia levels can lead to serious complications.
Failure to monitor: Healthcare providers are responsible for monitoring patients during and after procedures. Failing to monitor vital signs or signs of complications can lead to harm.
While these errors are concerning, they do not automatically result in medical malpractice. Medical malpractice only occurs when the error leads to significant harm and the healthcare provider's actions or inactions fail to meet the standard of care.
What Is Medical Malpractice?
Medical malpractice refers to professional negligence by a healthcare provider, which leads to harm or injury to a patient. To pursue a claim for medical malpractice, the patient must prove that the healthcare provider failed to meet the accepted standard of care, and that this failure caused significant injury.
The difference between a simple medical error and medical malpractice hinges on the question of whether the healthcare provider was negligent and whether the mistake directly caused harm.
For a claim to qualify as medical malpractice, the following elements must be proven:
The healthcare provider owed a duty of care: The provider had a professional duty to the patient. This duty exists as soon as a healthcare provider agrees to treat a patient.
The provider breached the duty of care: The provider must have deviated from the accepted standard of care. This breach could be caused by errors such as incorrect treatment or failure to diagnose.
The breach directly caused harm: The patient must prove that the provider’s mistake directly caused their injury or worsened their condition.
The patient suffered damages: There must be measurable harm, such as physical injury, pain, additional medical expenses, or emotional distress.
If these elements are proven, a patient may have grounds to file a medical malpractice claim.
When Does a Medical Error Become Medical Malpractice?
A medical error becomes medical malpractice when the error is the result of negligence, and that negligence directly causes harm to the patient. To determine if a medical error rises to the level of medical malpractice, several factors need to be considered:
1. The Standard of Care
Healthcare providers are expected to adhere to the standard of care in their field. This standard is based on what other similarly qualified professionals would do under similar circumstances. If a provider's actions fall below this standard, it may be considered negligence. However, even if an error occurs, it may not constitute medical malpractice unless it involves a breach of this standard.
If a surgeon accidentally cuts a healthy organ during surgery but follows all appropriate steps to fix the mistake without further harm to the patient, the error may not constitute malpractice. However, if a surgeon makes the same error and fails to correct it properly, leading to injury or complications, it may cross the line into medical malpractice.
2. Causation and Harm
Not all medical errors result in harm, and not all harm is caused by medical errors. To qualify as medical malpractice, the error must be directly linked to the harm the patient suffered. This means the patient must show that the error directly caused injury, worsened their condition, or led to other significant harm.
If a doctor misdiagnoses a condition but the patient’s health does not worsen as a result, it may not be considered medical malpractice. If the misdiagnosis leads to delayed treatment and significant harm, however, it may be classified as malpractice.
3. Negligence
Negligence is at the heart of medical malpractice. If a healthcare provider makes an error but the error was made while following reasonable procedures, it may not rise to the level of malpractice.
For example, if a doctor prescribes a medication that is commonly prescribed to treat a condition but the patient has an unusual allergic reaction, this may be a medical error, but not necessarily malpractice.
In this case, the doctor followed accepted practices and didn’t act negligently. However, if the healthcare provider fails to follow basic procedures or acts recklessly, the situation may cross into medical malpractice. A simple mistake in judgment becomes medical malpractice when negligence is involved.
4. Expert Testimony
In most medical malpractice cases, expert testimony is essential. Experts in the relevant field of medicine can explain the standard of care, how the healthcare provider’s actions fell short, and how the error directly caused harm. Without expert testimony, it can be difficult to prove that the healthcare provider’s actions were negligent and led to the patient’s injuries.
Common Examples of Medical Malpractice
Some of the most common types of medical malpractice claims include:
Surgical errors: Mistakes during surgery, such as operating on the wrong site, leaving foreign objects inside the patient, or causing unnecessary damage to organs, are common examples.
Misdiagnosis or delayed diagnosis: Misdiagnosis or failing to diagnose a condition in a timely manner can result in serious consequences, particularly in cases like cancer or heart disease.
Medication errors: Incorrect prescriptions, incorrect dosages, or failure to consider potential drug interactions can cause significant harm to the patient.
Birth injuries: Medical malpractice during childbirth, such as improper use of forceps or failure to monitor fetal distress, can result in long-term health issues for both the mother and child.
Anesthesia errors: Anesthesia mistakes, such as administering too much or too little anesthesia, can lead to severe complications or even death.
If any of these errors involve negligence and cause harm, they may qualify as medical malpractice.
What to Do if You Suspect Medical Malpractice
If you believe that you or a loved one has been the victim of medical malpractice, it’s important to act quickly. Here are some steps you can take:
1. Seek Medical Attention
If the medical error caused harm or injury, make sure to seek immediate treatment. Prompt medical care will not only address your current health needs but also document any additional injuries or complications that arise.
2. Document Everything
Keep detailed records of your medical history, the treatments you’ve received, and the circumstances surrounding the error. Collect all relevant documentation, including medical records, prescriptions, and treatment plans.
3. Consult an Attorney
If you suspect medical malpractice, it’s crucial to consult with a personal injury attorney experienced in malpractice cases. An attorney can review your case, consult with medical experts, and help determine whether you have grounds for a lawsuit.
4. Gather Evidence
In order to prove your case, it will be essential to gather all necessary evidence, such as medical records, witness testimony, expert opinions, and photographs of injuries. This evidence will be used to build your case and demonstrate that malpractice occurred.
Contact Us Today
If you believe that a medical error has crossed the line into medical malpractice, Mook Law Firm LLC is here to help. We serve clients in Kansas City, Missouri, and surrounding areas.
Our experienced medical malpractice attorney can help you pursue justice and compensation for the harm you’ve suffered. Contact us today to schedule a consultation and get the legal support you deserve.