Common Forms of Medical Malpractice

As much as we wish it weren’t true, medical mistakes happen. We trust medical professionals to offer the highest standard of care, and their actions can fall short. In many cases, these mistakes can have dire consequences. 

Medical malpractice occurs when a healthcare professional harms a patient. This can be through direct action, like operating on the wrong leg, or inaction, like failing to diagnose a health condition. 

Medical malpractice can take many forms, and we’ll discuss some of the most common types below. 

Types of Medical Malpractice 

Medical malpractice can occur more frequently, depending on where you live. In Illinois, it is a leading cause of death and injury, ranking fourth in the United States for medical malpractice payouts. 

This can be alarming for those living in the state. If you or your loved ones have experienced medical malpractice, consider seeking the assistance of a Chicago medical malpractice attorney to help you understand your rights, including the types of damages you may be eligible for. 

If you are unsure what medical malpractice looks like in practice, here are some common types. 

Delayed Diagnosis 

Delayed diagnoses occur when a medical professional fails to diagnose a medical issue adequately. They may not recognize the symptoms, make the wrong diagnoses, or simply refuse to make a diagnosis at all. Limited training, insufficient screaming, diagnostic errors, and more can cause delayed diagnoses.  

As a result, the patient’s condition may worsen and can even lead to death. Due to this form of medical malpractice, the patient may incur unnecessary medical bills, undue pain and suffering, and other health conditions.  

Surgical Mistakes

Not all surgical errors qualify as medical malpractice. To be deemed medical malpractice, the mistake must fall below the standard of care the surgeon is responsible for offering. As a result, it caused harm to the patient.

Common examples of surgical mistakes that qualify as medical malpractice include operating on the wrong body part, causing accidental nerve damage, using unsterilized materials, and leaving surgical materials inside the patient. These actions could have been avoided if the surgeon had taken proper care and caution during the surgery, which is why they qualify as malpractice. 

Anesthesia Errors 

Similar to surgical mistakes, anesthesia issues can also constitute medical malpractice. If the incorrect dose is administered, the patient may wake up during the surgery. They can struggle, which can lead to pain and damage. Additionally, they could still feel pain during the surgery, which means the anesthesia was not working correctly. The professional failed to listen to their patient and adequately care for their needs.

Both of these issues can cause a patient to experience excruciating pain during their surgery. The anesthesia is meant to be a tool to help provide comfort; however, if it is misused, it can have the opposite effect. 

Medication Errors 

Medication is often administered to patients in hospitals, nursing homes, and other medical facilities. Medical professionals control the medication, but sometimes, they make mistakes during the process. They can give patients the wrong medicine or the incorrect dosage, prescribe medications that interact poorly, or simply fail to give patients their medication.

All of these actions can be considered medical malpractice. The patients depend on medical professionals to give them the medicine they need to manage their health conditions and reduce pain. Whether the medical professionals forget or do it intentionally, it can be considered negligence. 

Birth Injuries 

Childbirth can be highly traumatic for all parties involved, especially if there are other complications. Doctors may not complete an emergency c-section, and that can cause health issues in both the mom and baby. This is compounded if they fail to diagnose pre-eclampsia in the mother.

Doctors and nurses may also use too much force, improperly use the vacuum, or incorrectly use the forceps. The umbilical cord could be wrapped around the neck, causing asphyxiation or hypoxia. All of these can cause physical trauma, brain damage, physical injuries, and more to the baby. 

How to Prove Medical Malpractice 

If you suspect medical malpractice, you will need to prove four key elements.

• Duty of care: You’ll need to establish that the medical professional owes you a duty of care. If you were their patient, this is implied. 
• Breach of duty: The medical professional breached their duty by accident or negligent behavior.
• Causation: The breach of duty caused an injury, complication, or fatality.
• Damages: The issue caused damages, including physical injuries, medical expenses, pain and suffering, and more. 

A medical malpractice lawyer can help prove negligence and help you get compensation for your injuries. 

Conclusion 

Medical professionals are expected to uphold a standard of care when they treat their patients. However, they do not always meet these standards, leading to medical malpractice. 

Medical malpractice can cause serious, life-long consequences, and you have rights if you are a victim. A medical malpractice attorney can help you understand your legal options and help you get justice.