Medical malpractice can devastate patients and their families. When a doctor is guilty of malpractice, he or she has failed to administer an appropriate standard of care. Malpractice comes in many forms, and it is much more prevalent that you think. A report by Business Review USA says, “According to the Journal of the American Medical Association (JAMA), medical negligence is the third leading cause of death in the U.S., and the number of medical malpractice suits filed each year is more than 85,000. Among fatal medical injuries, 12,000 individuals die during an unnecessary surgery and 7,000 from medication errors...” Unless something changes drastically, it does not seem likely that these numbers will change.
What constitutes medical malpractice?
While there are many different circumstances that fall under the category of medical malpractice, all have one thing in common; a doctor or healthcare provider failed to act reasonably. In other words, a doctor did not act as a reasonably careful doctor should have in those circumstances. Some of the more common areas of medical malpractice include:-
- Birth injuries. Birth injuries and birth trauma are almost always the result of inattention to detail during labor. Birth injury or trauma can have lifelong consequences.
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- Failure to diagnose and misdiagnosis. Failure to diagnose can allow a disease to progress and become untreatable. Mistaking one condition for another can have similar effects, and both can be fatal.
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- Medication errors. Over- or under-dosing can have a serious effect on your health or recovery. Being prescribed the wrong medication entirely can be disastrous.
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- Emergency room errors. Prompt treatment can minimize damage and promote faster recovery. The wrong treatment can turn even minor injuries into life-threatening conditions.
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- Dangerous drugs and defective devices. Whether your doctor did not adequately research your condition or new information has come to light, your life can be altered when medicine goes wrong.
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- Nursing home abuse or neglect. The elderly are at higher risk of abuse or neglect because they may lack the ability to be their own advocates.