Five of the Most Common Malpractice Examples
When you visit the doctor to treat an illness or injury, you deserve to trust the care you receive. Unfortunately, medical negligence and malpractice are two leading causes of personal injuries in the United States. And although not every mistake that physicians make qualifies as malpractice, many do.
Each malpractice case is unique, and some types of medical negligence are more common than others. To learn more, read on to discover five of the most common malpractice examples.
And remember, when you or someone you love is injured due to subpar medical care, do not wait. Instead, consult with one of New York City’s leading medical malpractice attorneys at Silberstein, Awad & Miklos.
#1 Diagnosis Mistakes
One of the essential functions of a professional care provider is determining the source of a medical issue. Doctors are trained to diagnose common injuries, illnesses, and conditions. But when a physician fails to diagnose, their patient may receive improper medication or treatments. The three most common diagnosis mistakes include the following:
- Failure to offer any diagnosis
- Delayed diagnosis
- Wrong diagnosis
Diagnostic errors are often costly and damaging for the relevant patient. These errors are the most common cause of medical malpractice claims. Often, negligent physicians reach incorrect diagnostic conclusions by failing to:
- Run proper tests
- Pay attention to patients’ medical histories
- Take patients’ complaints seriously
#2 Childbirth Injuries
Injuries involving a new mother or her infant are particularly tragic. Holding negligent physicians accountable for the harm they cause these vulnerable individuals is vital. Some of the most common causes of birthing injuries are:
- Lack of proper prenatal care
- Failure to diagnose fetal conditions
- Use of excessive force during the birth
- Misuse of medical tools, such as forceps
- Lack of attention to fetal distress during birth
- Mishandling the infant in a way that causes harm
Doctors and nurses must provide attentive and thorough care during birthing. If you or your child were injured because of a negligent physician, you might have a valid malpractice claim.
#3 Failure to Provide Treatment
When you require medical care, and your doctor fails to provide it, you may be able to pursue compensation. Many types of negligence involve wrongful actions, but cases involving a failure to treat have to do with inaction.
If a physician releases a patient from medical observation before the appropriate time, this may qualify as malpractice. At discharge, patients should receive clear instructions for their follow-up care. Doctors who fail to provide this vital resource may be liable for resulting damages.
Many circumstances involving a failure to treat can lead to a successful malpractice case. For example, if you required treatment and your care provider fails to offer it, speak with an attorney immediately.
#4 Medication Errors
Medication errors can occur as a result of the malpractice of a doctor or pharmacist. It is incumbent on all medical care providers to offer appropriate medication to patients in need of treatment. If physicians prescribe the wrong dosage or medicine, they may be accountable for the harm they cause.
When a pharmacist wrongfully fills a prescription or fails to note clear signs of drug abuse, they may also be liable. Consult a lawyer to determine whether you have a valid malpractice claim following a medication error.
#5 Surgical Negligence
Successful surgeries require an entire team of medical professionals. Each individual has a legal duty to provide the patient with high-quality care. While accidents are always possible, avoidable surgical errors are never excusable. Surgical errors that could justify a malpractice claim include:
- Performing surgery in the wrong location
- Performing the wrong type of procedure
- Anesthesia errors
- Inadequate post-procedure care
Surgical negligence can result in lifelong consequences for the patient. This type of malpractice is devastating for those affected.
Do You Need a Malpractice Attorney?
If you have been harmed by a negligent physician, surgeon, or medical institution, do not hesitate. Remember, malpractice cases are rarely simple. They require carefully reviewing your medical records and other documents before filing a lawsuit. If you are a New York resident, the statute of limitations imposes a deadline to initiate a medical malpractice claim. This deadline is typically 30 months after the alleged malpractice occurred. But, even 30 months is not much time for investigating and building a successful medical malpractice case.
If you believe you or a family member has suffered due to medical malpractice in New York, contact our team at Silberstein, Awad, and Miklos today for a free, no-obligation consultation with one of our medical malpractice attorneys.