Many of us trust that doctors and medical professionals will take care of our health and wellbeing. In the instances in which a medical professional makes a mistake and causes an injury to the patient due to negligence, legal action can be taken with a medical malpractice claim.
What Is Medical Malpractice?
According to the American Board of Professional Liability Attorneys, medical malpractice “occurs when a hospital, doctor or other health care professional, through a negligent act or omission, causes an injury to a patient.” In order to have a legal claim, the following factors must be proven:
- A violation of the standard of care.
- An injury was caused by negligence.
- The injury resulted in significant damages.
The medical malpractice attorneys at Liles White explain the complexities of medical malpractice lawsuits and share that working with an experienced legal team can help you obtain the necessary evidence to prove liability. Evidence including medical records, statements from other medical professionals involved, and medical experts who can testify in court are all elements needed for a successful medical malpractice case. Medical malpractice lawsuits can be filed against a range of health care professionals including:
- Physicians
- Surgeons
- OBGYNs
- Nurses
- Paramedics
- Dentists
- Pharmacists
Common Types of Medical Malpractice
Medical malpractice can occur in a variety of ways given the range of practices in the medical field. Some of the most common types of medical malpractice include:
- Failing to diagnose a medical condition
- Misdiagnosis of a medical condition
- Surgical mistakes, such as unnecessary surgery or wrong surgery site
- Failing to monitor a patient before or after a procedure
- Medication errors or improper dosage
- Anesthesia mistakes
- Failing to follow up on test results
- Premature discharge from hospital
- Birth injuries
Four Serious Medical Malpractice Claims
While all cases of medical negligence should be taken seriously no matter how big or small, the following cases describe four significant medical malpractice cases.
- Medical instrument left in patient after tumor removal: In 2000, Donald Church was a victim of a serious surgical error involving a foreign object left inside the body after the removal of a tumor. During the process of removing an abdominal tumor, a 13 inch metal retractor was left inside the patient. After several months of pain, the victim recovered $97,000 in a medical malpractice claim for surgical negligence.
- Double bypass surgery on the wrong artery: Television star Dana Carvey had a double bypass surgery performed on the wrong artery during a procedure which was supposed to resolve his chest pain. The medical malpractice lawsuit filed for the surgical error ultimately settled with a $7.5 million settlement.
- Failing to match blood type with organ donor: In a fatal medical malpractice case, a 17 year old girl receiving a heart and lung transplant died after the doctors failed to check the blood type of the organ donor and implanted a non-compatible blood type. The tragic death of the patient occurred after complications from a second surgery in attempt to remove the non-compatible transplant.
- Amputation surgery on the wrong leg: In 1995, 52 year-old Willie King was a victim of a tragic surgical error in which the surgeon amputated the wrong leg. Multiple of the hospital’s records had incorrectly identified the diseased leg which was meant to be amputated. Because of this, the medical staff unknowingly prepared the wrong leg for surgery before the surgeon began the operation.
Do You Have a Medical Malpractice Case?
If you have suffered an injury due to the negligence of a medical professional who failed to uphold a duty of care, it is important to seek legal help to file a medical malpractice claim. The medical malpractice attorneys at Callahan & Blaine understand the pain of experiencing a preventable medical injury and use their knowledge and resources to prove a duty of care has been breached. Reaching out to an experienced legal team can help you recover the financial compensation you deserve and hold the health care professionals liable for your injuries.