Medical malpractice is defined as a negligent, irresponsible professional code of conduct carried out by healthcare workers, including doctors, nurses, and pharmacists resulting in the loss of fortune and lives of the affected individuals. When a healthcare provider fails to meet the criteria required for the quality of care to the patient, undesirable outcomes prevail.
It is alarming to acknowledge that medical negligence is the third most common cause of death followed by heart attack and cancer in the U.S., a grave matter of concern for the healthcare industry.
When the families of the affected individual suspect negligent behaviour from the healthcare provider, they can file malpractice claims. This includes legal action followed by a lawsuit against the suspected medical professional. The lawsuit and legal proceedings review the entire course of action taken regarding disease progression and treatment regime. The suspect is interrogated and questioned on their decision-making abilities. While malpractice claims are an unfortunate aspect of healthcare, they also keep doctors and nurses in check, motivating them to avoid making mistakes and errors in judgment. We have enlisted a few common medical malpractices, and negligence claims often seen in healthcare.
Childbirth Trauma
The birth of a child is the most exciting and cheerful moment for the parents-to-be. All new parents try their best to ensure that the best medical facilities are available for the baby to arrive.
However, due to certain medical conditions, consequences are unfortunate and, in worse cases, fatal. There can be pre-natal, natal, or postnatal negligence on medical professionals’ part leading to poor outcomes.
Erb’s palsy, shoulder dystocia, cerebral palsy, and stillbirths are a few common examples of malpractice. Additionally, failure to disclose birth defects in advance can also account for medical negligence.
The birth injury attorney investigates the entire situation and areas of flawed practice, interrogates the responsible employees to gather evidence and documentation, and guides the parents through the legal procedures.
Missed or Incorrect Diagnosis
At times, a patient presents with clinical symptoms that are difficult to comprehend and diagnose. But such patients require a thorough examination and assessment. If a medical professional recklessly misdiagnoses a patient, it can cost them their health, with symptoms deteriorating or worsening due to wrong treatment.
A missed or delayed diagnosis not only causes a financial strain due to unnecessary lab tests and investigation but also worsens disease outcomes due to delay in reaching a diagnosis and wrong treatment.
Moreover, diagnostic labs can also be held responsible for providing the wrong test results misleading a health professional in concluding a diagnosis.
Faulty Drug Prescription
Drugs are prescribed based on symptoms, past medical records to identify known drug allergies, and drug safety profiles. Malpractice associated with drug errors could be due to incorrect drug prescription irrelevant to patient’s medical diagnoses or inaccurate dosing of the prescribed medicine.
Also, many patients are allergic to certain drugs. A common example is penicillin, an antibiotic used to treat throat and skin infections, which causes adverse effects in those sensitive to the beta-lactam unit present in the drug.
Insufficient medical history recording practice by a healthcare professional can lead to severe allergic reactions, often turning fatal.
Furthermore, certain pain medications such as morphine have risks of addiction, affecting the patient’s quality of life. If a pharmacist overfills the prescribed medicine or fills the wrong prescription, a lawsuit can be filed for negligence.
Erroneous Surgical Practice
Surgical procedures are associated with certain immediate and long-term risks that are conveyed to the patient and their family when obtaining consent for the procedure beforehand. Failure to do so is considered negligent behavior on the surgeon’s behalf.
Performing wrong procedures on a patient equates to negligence in providing quality care. In some cases, surgical instruments are left inside the patient’s body, deteriorating the patient’s post-operative recovery.
Another example of surgical malpractice is performing unnecessary procedures on patients when alternative treatment options are available.
Inability to Provide Appropriate Medical Care
Another common claim against medical professionals is failure to provide adequate treatment leading to patient disappointment. A few examples elaborating this type of claim are as follows.
- Healthcare providers miss out on recording details in the medical history of the patient leading to inappropriate diagnosis hence the wrong treatment
- Inability to counsel patients regarding treatment plans and follow-up care. In such cases, patients are left confused regarding the treatment regime affecting the recovery outcome.
- Discharging patients prematurely despite patients’ unsatisfactory remarks regarding the care provided later leading to complications in recovery
Anesthesiology Malpractice Claims
Anesthesia involves the administration of certain drugs that either numb a particular site of the body or produce a temporary state of unconsciousness depending on the procedure requisites. It is a high-risk profession with no room for negligence. However, cases have been reported where the anesthesiologists have shown frantic behavior.
Before any procedure, an anesthesiologist advises and runs a few tests to ensure patients’ general fitness for the surgery. If they fail to do so, any underlying cardiac, neurological or pulmonary event can lead to a patient fatality on the operation table. It is also essential to ensure that the patient has been fasting a few hours before the procedure. If the patient has not been counseled in advance, asphyxiation can occur during the surgery resulting in pneumonia.
Another common mistake that accounts for negligence is improper drug dosage and maintenance. Drugs administered to initiate the effects of unconsciousness are different, while those that maintain consciousness are different.
When anesthetic drugs are administered in greater quantities, a state of coma ensues that can ultimately lead to lethal outcomes. At the same time, little and inappropriate amounts can wake the patient up in the middle of the surgery, traumatizing them for the rest of his life.
Takeaway
Surging medical malpractice and negligence claims cases are worrisome and raise the question regarding the medical education system. This noble profession is regarded with respect and admiration, and a rise in such cases defames the healthcare workers, costs a heavy penalty in compensation for lawsuits and worse scenarios leads to suspension or dismissal of medical license.
The governing bodies must take effective measures, keep a strict check and balance on the ethical code of conduct, and counsel healthcare workers regarding the importance of ethical and moral values corresponding to this profession.