Medical Negligence Examples and Exactly How You Can Obtain Compensation
Medical malpractice examples include administrative
errors, misdiagnosis, delayed diagnosis, surgical errors, childbirth
negligence, anesthesia errors, personal injury claims, pain and suffering, and
disability evaluation. However, malpractices cases are not limited to these
specific matters.
A medical expert witness is a qualified
professional with many years of experience. The expert examines the facts of a
medical negligence case. Expert witnesses use their expertise, knowledge,
scientific publications, and cutting-edge tools to analyze the case’s facts.
The witness also analyzes medical records and prepare expert testimony.
Research shows that a medical expert witness
creates mathematical models, simulations and uses visual aids to get all the
necessary information before writing reports. After preparing the testimony,
the witness presents it before the court. Thus, the witness helps the jurors or
judge to conclude the case.
Medical Malpractice Examples
Depending on the litigation, the testimony or
opinion of a
medical
expert witness can help the court decide the case. The opinion, oral or
written, relies on the personal experience of the expert witness in a
particular medical field. However, the opinion must align with information
obtained from previously published medical publications.
The primary responsibility of a medical
expert witness is to break down the complex and nuanced information into
smaller chunks that are easily understandable for a layperson. The judge and
jurors don’t understand complex data collected from case files.
That’s why they hire a medical expert witness
to analyze the case and transform the complicated information into easily
understandable facts. Thus, the court makes an informed decision based on the
facts or testimony provided by the medical expert witness.
Remember, the testimony is all about proving
before the court whether the doctor, surgeon, nurse, or any other professional
has breached the standard of duty and failed to provide adequate treatment to
the patient. Let us now discuss medical malpractice examples. Read on!
Misdiagnosis
Research shows that over 20% of patients with
long-term and chronic conditions file lawsuits against their health providers
in the United States. Primary care doctors who breach the standard of care owed
to patients experience legal penalties.
At the same time, if the doctor or nurse is
guilty, the court will award compensation to the victim who experiences pain
and suffering. Heart attack, stroke, fibromyalgia, celiac disease, thyroid
conditions, kidney disorders, liver problems, and even cancers are some of the
most frequently misdiagnosed conditions.
Surgical Errors
Surgical errors are common medical
malpractice examples. Missed communication or inappropriate interaction between
health professionals is the primary cause of surgical errors.
Most surgical errors or malpractice cases
involve a surgeon or assistant nurse leaving a medical instrument inside the
patient’s body. As a result, malpractice or negligence can cause many
complications, including puncturing internal organs, surgical procedures on the
wrong side of the patient’s body.
For example, the patient requires spinal
surgery through an anterior approach, but the surgeon performs the procedure
posteriorly. So, this can increase the risk of complications, such as muscle
damage, tissue damage, and nerve compression, leading to severe pain and
discomfort.
In addition, transplant surgeries are complicated
procedures that require the surgeon to perform thorough research and make a
solid plan before the execution. Recent reports show that about 40% of heart
recipients and 25% of kidney recipients experience organ rejection.
That’s why they file lawsuits against
surgeons to get compensation for their pain and suffering. A medical expert
witness with knowledge in the same field will establish what could have been
done to avoid the situation. If the surgeon is guilty of committing negligence,
the court will compensate the victim and penalize the doctor.
Anesthesia Errors
Anesthesia errors are the most discussed
medical malpractice examples within the medical-legal field. For example, a
small mistake by an anesthesiologist can lead to various complications and
cause significant harm to the patient’s body.
Research highlights that an inadequate amount
of anesthesia given to the patient before a medical procedure can lead to brain
damage, heart failure, and even death. These errors usually occur when the
health professional fails to read the patient’s history.
So, the negligence may include giving too
little or too much anesthesia to the patient. Likewise, when an
anesthesiologist fails to monitor the patient’s vital signs, uses an obsolete
or wrong medical tool, or does not intubate the patient, it can lead to
complications.
A medical expert witness with knowledge and
experience in anesthesia will analyze the case and prepares an unbiased
testimony. The court will go through the testimony and make an informed
verdict. Understanding medical malpractice examples can help you choose the
right expert witness.