Introduction
Medical malpractice is a significant concern in the field of law as patients and healthcare providers deal with this issue in the United States. While attorneys practice in this area of law, it is crucial to understand the diverse categories of medical malpractice claims in order to make effective arguments. This article outlines all the components of medical malpractice including the more common types of claims, medical records review, and useful steps for medical lawyers.
What is Medical Malpractice?
Medical malpractice is defined as the conduct of a health practitioner that is below the clinically accepted level of practice and which inflicts injury on the patient. This spans a broad spectrum of actions with varying characteristics including mistakes in diagnosis, treatment, aftercare, or health maintenance.
• Key Elements of Medical Malpractice:
• Duty of Care: The healthcare provider had an obligation to give care the patient.
• Breach of Duty: The provider did not adhere to the standard of care.
• Causation: The breach of duty caused harm to the patient.
• Damages: The patient because of breach suffered damages.
Common Types of Medical Malpractice
Recognizing the different types of medical malpractice is key for an experienced practitioner. Some of the most common include the following:
2.1. Misdiagnosis or Delayed Diagnosis.
- Overview: Not diagnosing an ailment or misdiagnosing an ailment results in dire repercussions for the patient.
- Example: A cancer patient being classified as suffering from a far less severe illness and hence, delaying timely intervention.
2.2. Surgical Errors:
- Overview: This includes mistakes done during a surgery such as operating on the wrong site, leaving tools inside the patient and the stat.
- Example: A surgeon performing knee replacement on the wrong leg.
2.3. Medication Errors:
- Overview: A patient’s health is at risk due to errors in prescribing, dispensing or administrating any form of medication.
- Example: A surgical patient being given an erroneous dose of a very essential drug.
2.4. Birth Injuries
- Overview: Injuries inflicted on infants due to negligence during the process of childbirth can have lifelong impacts.
- Example: The damaging of brain tissue due to the lack of monitoring of fetal distress.
2.5. Anesthesia Errors:
- Overview: Errors made while putting a patient under anesthesia can cause grave danger and even death.
- Example: Excessive amounts of anesthetic leading to stopping of breath.
2.6. Informed Consent Not Received
• Overview: Patients have the right to be made aware of the dangers that a procedure may present prior to providing consent.
• Example: A patient goes through an operation but is not told of the dangerous repercussions that may come with it.
The Importance of Reviewing Medical Records in Malpractice Cases
Examining medical records is a fundamental activity for lawyers dealing with malpractice litigation. It incorporates:
• A Detailed Assessment of Patient’s Histories: Analysis of healthcare documents has the potential of identifying intended methodologies, provided services, and designed management plans.
• Valid Documentation: Careful documentation may provide evidence for negligent care or undue refusal of care.
• Discrepancies: Medical documents can point out the absence of steps taken in the treatment process that could strengthen the case for malpractice, thereby undermining the defense.
Medical Malpractice and the Law
The area of law governing medical malpractice is intricate, unique to each state and includes:
• Limitation of Actions: There are specified periods for lodging a medical malpractice petition in every state. The periods are usually one to three years.
• Relative Fault: An injured patient’s compensation is likely to be diminished in some states when the patient shares some responsibility for the injurious outcome.
• Expert Testimony: In a majority of states, the use of expert testimony is necessary to determine the standard of care and its breach.
Recommended Actions When Filing a Malpractice Lawsuit
For legal practitioners representing clients in medical malpractice litigations, these steps are paramount:
- Initial Meeting: Schedule an appointment with the client to note some facts about the case and determine the feasibility of a claim.
- Study of Medical Documents: Undertake a detailed study of the available medical documents and identify care breaches.
- Consult Medical Specialists: Conduct interviews with physicians in order to receive guidance regarding the standard of care and any breaches.
- Claim Submission: Draft and submit all necessary legal documents before the deadline.
- Settlement Negotiations: Reach an out of court settlement with the other party or prepare to go to court.
Case Studies
Case Study 1: Consequence of Severe Misdiagnosis
• Overview: A 50-year-old female developed chronic abdominal pains and was diagnosed with gastritis, which turned out to be an incorrect diagnosis.
• Obstacles: This exacerbated the advanced-stage disease due to a later-identified ovarian cancer misdiagnosis.
Solutions: An in-depth review of medical records indicated that imaging studies which could have resulted in a timely diagnosis were not performed.
Case Study 2: A Surgical Mistake Leading To Permanent Disability
Overview: A 35-year-old male underwent surgery for a hernia repair, but the side of his body that was supposed to be operated on was not the one that was operated on.
Challenges: The surgery was followed by a lengthy recovery period as well as numerous additional surgeries, resulting in considerable psychological and traumatizing suffering.
Solutions: The medical documents highlighted the absence of proper pre-operative checklists as one of the determinants that led to this situation.
Conclusion
Medical malpractice issues are quite complex and involve a number of different claims and legal systems. In leveraging the review of the client’s medical records for malpractice, attorneys construct stronger claims and defend the clients efficiently. There is always room for improvement for legal experts who wish to serve their clients better regarding the amendments of medical malpractice laws by strengthening their investigations.