Your time with a doctor is filled with hope. You hope the treatment or surgery restores your health. You hope a “new you” emerges following a cosmetic procedure. Medical malpractice destroys hope.
In the aftermath, you are left worse off than before. A lawsuit won’t make you whole and a bad result isn’t always grounds. To prove medical malpractice you must prove negligence. There has to be a doctor-patient relationship which is breached by providing less than the standard of care. If you can prove that your doctor performed differently from other doctors and thus caused you an injury, you may have a case.
Getting a skilled medical malpractice lawyer is a vital first step. So what are the most common medical malpractice lawsuits?
By far the most common medical malpractice lawsuit is a misdiagnosis or a delayed diagnosis. Responsible for roughly half of all claims, with a disease like cancer, or meningitis in children, it can also mean delayed or inappropriate treatment. Since the window for these treatments is often narrow, delays can mean a far more aggressive approach is required. A misdiagnosed heart attack often leads to death.
General surgeons are defendants in malpractice lawsuits more than any other doctor; over 50% of them have been sued at least twice. Surgeons might nick an organ, perform an operation on the wrong body part, or leave surgical tools behind. The result is almost always more surgery––often at a higher risk than the initial operation.
Nursing staff can also contribute to medical malpractice either during the surgery or in the post-operative phase by giving the wrong instructions to the patient or by incorrect assistance.
One reason average life expectancy is so high in the 21st century is because of the great strides made in reducing infant mortality in the 20th century. Today childbirth is far safer for both newborn and mother. Still, there are many things that can go wrong.
If your OB-GYN doesn’t react correctly, complications can be life-altering. When your doctor doesn’t perform a necessary C-section or uses forceps improperly, your baby can be injured.
Misdiagnoses are often a component of this type of medical malpractice––not identifying maternal medical conditions like preeclampsia, gestational diabetes, HIV, or many others can affect the newborn. These issues are why after general surgeons, OB-GYNs are the second most-sued doctor.
Although less common, the life-threatening risk from anesthesia makes it a source of medical malpractice. The deaths of Joan Rivers and Michael Jackson were linked to improper administration of the anesthesia propofol, which led to medical malpractice lawsuits.
Now more than ever, hospitals are dangerous places. Yet health care workers rarely inform patients about the risk. If you believe you contracted an infection while hospitalized, you may have the grounds for a medical malpractice lawsuit.
With thousands of medications and infinite combinations, it’s not surprising that medication error is common. However, you might be surprised to learn over 7,000 people die each year from medication error. Hundreds of thousands have an adverse event because of issues with prescribing, monitoring or otherwise making a mistake with a patient’s drugs. If you’ve suffered due to medication error, you may have the grounds for a malpractice lawsuit.
If you believe your doctor failed to follow your instructions or didn’t inform you of the risks, you may have a case. Remember in Florida you have two years to file a lawsuit from the time the incident is discovered. The clock is ticking.