/ Library/ Top 5 Common Causes of Medical Malpractice Claims
When seeking medical treatment, a patient’s expectation is always to receive the best care. Physicians take an oath to uphold specific ethical treatment across the board; no one expects a breach in medical care due to negligence or substandard care. However, physicians, nurses, and other medical staff make avoidable mistakes. In fact, the violation of care adds up to about 700 preventable deaths per day.
Medical malpractice claims don’t just arise from death. Any damages, injuries, or further complications from inappropriate care are potentially opportunities for a patient to make a medical malpractice claim.
Medical malpractice occurs when a physician or medical personnel knows the correct course of treatment, but instead consciously chose to deviate from that standard–therefore causing further, preventable harm to a patient.
Approximately 80 patients per week are victim to surgical errors—or “never events.” Most commonly, a patient will seek a medical malpractice lawsuit after experiencing any of the following:
A misdiagnosis is not always grounds for a medical malpractice lawsuit. In order to have a strong case, a patient must have suffered injuries as a direct result of misdiagnosis. Examples include when a physician:
To move forward with a misdiagnosis case, the injury from misdiagnosis must be proven to have occurred solely from the physician’s substandard care. Medicine is a science, but it isn’t always completely straightforward—so substantial, objective records and facts are crucial.
Mis-diagnostic lawsuits have surfaced from misdiagnosing:
Medication errors happen when there’s a mishap in prescribing and/or dispensing prescription medication. A study conducted by the Institute of Medicine reported that at least 1.5 million people are injured, made ill, or even killed by medication errors in the U.S each year. They occur most commonly by way of:
Nosocomial infections occur when a patient acquires an infection either in a hospital or in another medical facility. In order to classify as a nosocomial infection, the infection must not have any relation to the reason the patient is seeking treatment. Some of the most common infections are:
It’s important to know the difference between a birth injury and birth defect, as the two occasionally get confused. Birth defects are either due to genetics, the infant’s DNA, or some type of exposure to a harmful substance during pregnancy.
A birth injury, on the other hand, is caused by human error in which harm to an infant or mother is caused by medical negligence. This negligence could occur over the course of both postnatal and prenatal care, as well as during labor.
Roughly 28,000 infants are born with avoidable injuries each year in the United States. The most common birth injuries include:
If you believe you or a family member has been harmed by way of medical malpractice, contact the medical malpractice attorneys at Wilson Kehoe Winingham to see how we can help. Our on-staff medical professionals are here to assist in every case of medical malpractice. For a free evaluation, contact us online or by phone at 317.920.6400.
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