Our Medical Malpractice Attorneys Discuss the Different Types of Medical Malpractice and What You Must Prove to Win Your Case
Maybe you’ve been left with a disability that requires additional treatment or prevents you from working. Or perhaps you’ve lost a loved one because of a medical error. When medical care falls short of accepted standards, the consequences can be devastating—but we’re here to provide the help you need to move forward.
At Dortch Lindstrom Livingston Law Group, our skilled medical malpractice lawyers are committed to helping victims of medical negligence protect their rights and obtain full compensation for the harm they’ve suffered. Please contact our office today to schedule a free consultation to discuss your next steps.
6 Types of Medical Errors That Can Be Considered Malpractice
It is not enough to be simply unsatisfied with the results of the medical care you received. Every medical treatment or procedure has inherent risks, which means that patients can have adverse outcomes even if a provider takes all possible precautions. To have a valid claim, you must be able to show that a provider’s action or inaction unreasonably placed you at risk of harm.
1. Failure to Treat
A failure to treat occurs when a doctor correctly diagnoses a condition but fails to recommend appropriate treatment or follow-up care. It can also involve premature discharge from a hospital or failure to refer a patient to a specialist.
2. Misdiagnosis or Delayed Diagnosis
When a doctor fails to diagnose a condition correctly or takes an unreasonable amount of time to do so, it can lead to improper treatment or delayed care. This can make the patient’s medical condition more serious than it would have been if they’d been correctly diagnosed within a reasonable time frame. For example, a cancer patient who is not promptly diagnosed may discover they have a more advanced form of cancer that requires additional treatment with a poorer long-term prognosis.
3. Surgical Mistakes
Surgical mistakes can include operating on the wrong body part, leaving surgical instruments inside the patient, or performing unnecessary surgery. Such mistakes can lead to a need for additional surgeries or a long-term disability that prevents you from working and performing day-to-day activities.
4. Medication Errors
Prescribing the wrong medication, ordering an incorrect dosage, or failing to check for drug interactions can have serious consequences. Medication errors can occur at any stage—from the time a doctor prescribes the medication to the time it is filled at the pharmacy.
5. Anesthesia Errors
Administering too much or too little anesthesia, failing to monitor the patient's vital signs, or not accounting for the patient's medical history can lead to severe complications or even death.
6. Birth Injuries
Negligence during pregnancy, labor, or delivery can result in harm to the mother and/or child. This may include failure to monitor fetal distress, improper use of forceps, or delay in performing a necessary cesarean section. Cerebral palsy is one example of a lifelong disability that can occur when a child suffers a birth injury.
Elements You Need to Prove to Win Your Claim
Proving medical malpractice requires demonstrating four specific elements to establish that negligence occurred and resulted in harm.
Existence of a doctor-patient relationship
This simply means that you must show that you hired the doctor and that the doctor agreed to see you as a patient. Medical records and bills can typically provide evidence of this relationship.
Breach of the standard of care
You need to prove that the health care provider deviated from the accepted medical standard of care. This often requires expert testimony from other medical professionals who can explain what a competent doctor would have done in similar circumstances.
Causation
It's necessary to demonstrate a direct link between the health care provider's negligence and your injury. This can be challenging, especially if you have a preexisting condition. Expert witnesses are often crucial in establishing this connection.
Damages
You must show that you suffered harm as a result of the negligence. This can include physical pain, mental anguish, additional medical bills, lost work, and lost earning capacity. Documenting all aspects of your injury and its impact on your life is essential.
Please note that medical malpractice claims must be filed within the statute of limitations, which varies by state. If your case is filed too late, your claim will be dismissed regardless of its merit. Working with an experienced attorney is the best way to ensure adherence to all applicable procedural requirements.
Common Challenges in Medical Malpractice Cases
Pursuing a medical malpractice claim can be fraught with obstacles. Some of the most common include:
Interpreting medical evidence
Medical malpractice cases often involve intricate medical details that can be difficult for non-professionals to understand. This complexity can make it challenging to present a clear case to a jury.
Proving causation
In some cases, it can be challenging to prove that the doctor's negligence, rather than the underlying medical condition, caused the harm. This is particularly true in cases involving patients with complex medical histories.
Resistance from health care providers
Doctors and hospitals often vigorously defend against malpractice claims to protect their reputations and avoid increased insurance premiums. This can lead to prolonged legal battles.
Overcoming jury bias
Some jurors may be inherently sympathetic to health care providers or skeptical of malpractice claims because of their past experiences or political beliefs.
Dealing with the emotional toll of the legal process
Reliving a traumatic medical experience through legal proceedings can be emotionally draining for an injury victim—especially if they do not have a strong support system at home.
How Our Nationwide Medical Malpractice Lawyers Can Help
When you choose to work with Dortch Lindstrom Livingston Law Group, we begin by thoroughly reviewing your medical records and consulting with medical experts to determine if you have a valid claim. This crucial step helps assess the strength of your case and identifies potential challenges.
As we build your case, we handle all communications with insurance companies, protecting you from tactics they may use to minimize your claim and letting you focus on healing from your injuries. Our goal is to secure a fair settlement that fully compensates you for your losses and provides the financial resources you need to prepare for the future.
If a fair settlement cannot be reached, we will take your case to trial. We will present your case using visual aids and expert testimony to clearly explain complex medical concepts to the jury and overcome any bias they might have that would prevent them from reaching a fair verdict. Check out our case results and testimonials pages to learn more about the results we’ve been able to receive for our past clients.