Understanding Medical Malpractice: Common Causes and How to Protect Your Rights

Whenever we’re dealing with certain health issues or injuries caused by an accident, we turn to doctors and medical professionals for help. And quite normally so, as they are the ones whose job it is to use their expertise to cure people and help them recover. But, what happens if that medical expertise isn’t enough? What if it does the exact opposite of what we expected?

Medical malpractice cases are common even today. We often forget that doctors are humans themselves and that errors can occur easily, even after years of experience. However, if your loved one has suffered as a result of that error, you’re completely entitled to a settlement and fair compensation.

Many often find themselves not knowing what to do when they recognize a medical malpractice case. It’s not the type of legal case you often find in the newspaper so it’s no wonder people are usually unsure what steps to take.

How can we define medical malpractice?

Medical malpractice is a term we often hear but not many can actually explain what the term itself means. Medical malpractice happens when a healthcare professional—such as a doctor, nurse, or hospital staff—fails to provide appropriate treatment, neglects to act, or administers substandard care that directly results in harm to a patient. 

However, that doesn’t mean that all medical errors are necessarily medical malpractice. But if 

a healthcare provider fails to meet accepted medical practices in a certain situation, that can definitely be classified as medical malpractice. 

In case you’re wondering how frequent these are in the USA healthcare system, recent reports have shown that each year approximately 400,000 people die as a result of medical malpractice. 

Common causes of medical malpractice

As the healthcare professionals we turn to on a daily basis have gone through all the necessary studies and completed all the required training, how do they still make errors in their diagnosis? 

Well, usually, the lack of knowledge or expertise is rarely the cause of medical malpractice. Other factors lead up to these situations and that’s why it’s important to know more about the potential causes to be able to recognize them.

No matter the cause of these, it’s advisable to get legal help, especially if the medical malpractice case results in a fatality or permanent disability. Hiring a professional personal injury lawyer can be the first step towards seeking justice for you or your loved one. 

Misdiagnosis or delayed diagnosis

The first common reason for medical malpractice is misdiagnosis. Misdiagnosis occurs when a doctor incorrectly identifies a patient’s condition, leading to improper treatment or no treatment at all. 

Similar to misdiagnosis, delayed diagnosis happens when the correct diagnosis is made but only after a significant delay. Both can have life-threatening consequences, especially for conditions like cancer or heart attacks.

For instance, it often happens that a patient with early-stage breast cancer is misdiagnosed with a benign cyst. The delay in starting treatment allows the cancer to progress, requiring more aggressive therapies and reducing the chance of recovery.

That puts the patient through unnecessary stress that can cause additional health problems. 

Surgical errors

Surgical mistakes are among the most alarming forms of malpractice, as they can result in permanent damage or even death. These errors include operating on the wrong body part, leaving surgical instruments inside a patient, or administering improper post-operative care.

It might sound like an unbelievable Hollywood movie plot, but unfortunately these things happen. Surgeons often fail to double check which body part they should operate on or, for instance, they might stitch up the patient improperly. These are all caused by a momentary lapse of judgement and should definitely be addressed. 

These types of oversight can lead to severe infections, additional surgeries and prolonged recovery time for the patient. 

Medication mistakes

Drug prescriptions often leave room for so many mistakes. Medication errors can occur in the process of prescribing, dispensing, or administering drugs. They may involve giving the wrong medication, incorrect dosage, or prescribing drugs that interact dangerously with other medications the patient is taking.

Sometimes, doctors also fail to check whether the patient has any allergies to specific medication. This usually happens with penicillin as many patients often have a very severe reaction to it due to their allergies.

Birth injuries

According to research, approximately 3 babies are born with injuries in the USA every hour. 

Mistakes during childbirth can have long-lasting effects on both the baby and the mother. 

These errors may include improper use of medical instruments, failure to address complications promptly, or mismanagement of labor and delivery. During birth, the doctor needs to react quickly and address any unexpected situation immediately. 

The more time is wasted, the bigger the risk for the mother and the baby. Many of these mistakes can result in many different injuries and long-term conditions, such as cerebral palsy. 

Anesthesia errors

Another common case of medical malpractice are anesthesia errors. Anesthesiologists play a crucial role in ensuring patient safety during surgeries. Mistakes, such as administering too much or too little anesthesia, failing to monitor vital signs, or not identifying allergies, can be deadly.

If a patient receives an incorrect dosage of anesthesia, it can result in brain damage due to oxygen deprivation during surgery.

The bottom line

The reality is that medical malpractice cases are more frequent than one might think. Even with the modern technology and the advancements in medicine, human error or a temporary lapse of judgement can leave devastating consequences for the patient. 

That’s why understanding its causes and knowing your rights can encourage you to take action and get compensation for the emotional trauma and suffered injuries. 

Whether you’re advocating for better care or pursuing a legal claim, staying informed is key. By being proactive, vigilant, and persistent, patients can protect themselves and hold healthcare providers accountable when mistakes occur.

If you or a loved one has been affected by medical malpractice, don’t hesitate to seek professional help. Justice and compensation may not make the problem go away, but they can pave the way for recovery and systemic improvements in healthcare.