We often assume that a doctor is responsible for saving lives and hence would carry out his/her job correctly. Even so, many medical practitioners can make mistakes due to simple negligence and ignorance.
It is due to a lack of awareness that victims of malpractice don’t take the legal course that can help them get the compensation they deserve. The only thing that can help a person in despair post a failed medical procedure is to know about where s/he has been wronged. To that effect, we would be covering some of the most common types of malpractices that a victim can take legal action against in order to get compensated:
- Wrong diagnosis or a delayed diagnosis was given: Most medical malpractices come under the category of a misdiagnosis. In this scenario, a doctor may examine a patient but fail to diagnose the correct medical condition. The diagnosis they give may range from saying that a patient has no evident illness or may diagnose a disorder that the patient does not have at all. A patient may suffer due to this because, for healthy patients, they may get affected due to a treatment for a disease that they never had. On the other hand, a sick patient may receive treatment for a different disease which may severely worsen his/her condition.
Another similar type of malpractice is a delayed diagnosis. In such situations, the doctor may make a wrong diagnosis in the beginning, but eventually, the patient will receive an accurate diagnosis. Due to the delay, the condition of the patient can become much worse; hence categorizing this situation as malpractice.
- The Medical Product used was designed wrong: This malpractice is commonly referred to as medical product liability. Medical professionals are not the only ones who can be held responsible because of medical negligence. In some cases, a medical device used on them may be poorly designed due to which they have to suffer. Some medical devices may fail to work as promised, which could injure the patients. For instance, there are common filters such as IVC filters; which aim at preventing blood clots from breaking, then further traveling through the bloodstream and causing seriously fatal injuries. If these filters are faulty, then they may result in severe injury. In this case, the manufacturer can be held responsible for the same.
- Errors due to wrong medication and issues with anesthesia: Medication malpractice is the most complicated and yet one of the most common medical malpractices to occur. For instance, a doctor may make a mistake while prescribing the initial dosage. They may even administer a drug in the wrong manner or neglect the potential harm a drug interaction can do. Even so, the most common way of medication malpractice is through administering the improper dosage.On the other hand, anesthesia mistakes are much more infrequent. However, they can end up being a lot more dangerous as compared to errors made during surgery. The typical causes of malpractices made by most anesthesiologists may include the following:
- Not able to investigate the medical history of a patient for potential complications
- Failing to inform the patient of mandatory pre-operative processes
- Giving a high dosage of anesthesia to a patient
- Improper insertion of a tube in the anesthesia
- Childbirth Injuries due to specific negligence: A congenital disability or birth injury mainly occurs during the time of delivery and labor. Birth defects, on the other hand, occur due to genetic problems. While birth defects are a little tricky to be categorized for medical malpractice, a practitioner can be sued for negligence if a birth injury occurs. For instance, cerebral palsy, broken bones, brain injuries- all can be classified as types of birth injuries. The reason why this situation can become medical malpractice is due to the following:
- Not calling for a C-section at the right time
- Neglecting symptoms of the fetus being in distress
- Misuse of delivery tools used While the grief of having an injured baby is unparalleled, filing a case at the right time can help you get the compensation you need to correct these issues.
In Arizona, the statute of limitations on medical malpractice is considered to be two years. This time starts from when the person making the claim knew or should have known that s/he had grounds from claim. Many patients may suffer due to this as the medical expert they consult may tell them that what they are experiencing is entirely reasonable. Additionally, people believe that a medical error is quite standard in a hospital. In such situations, despite the issues they suffer, they do not speak up or do not seek compensation.
However, we hope the information mentioned above can help you from becoming a victim of medical malpractice. If you or your near and dear ones experience any of the aforementioned problems, then we would recommend that you consult a legal expert at the earliest. This would help you start the process and get the compensation you deserve.