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We all have a lot of faith in doctors, surgeons, nurses, and other healthcare providers liable to keep us well. Sadly, sometimes, this trust gets broken. In a few circumstances, the functions of a healthcare professional may lead to medical malpractice. Our legal team at Brooklyn Injury Attorneys, P.C. stand to help you treat and heal from your injuries, that happen due to a negligent medical professional.
In the USA, medical malpractice is a common issue. Every year, many people die due to medical negligence. This is why medical malpractice has become the 3rd leading reason for death behind just cancer and cardiac diseases.
Major Types of Medical Malpractice
Many kinds of circumstances can cause a medical malpractice claim. While these range from a doctor’s carelessness during surgery to being failure to inform a patient that a wrongly prescribed medicine might lead to death. Maximum medical malpractice claims fall into some categories. Let’s explore them one by one!
1. Childbirth Injury
The birth of a child is always a happy moment for everyone. Sadly, sometimes it brings bad news for families. And that occurs because often doctors cannot offer a secure childbirth process. The final outcome may be a devastating childbirth injury like brachial plexus palsy, Erb’s palsy, or cerebral palsy.
A variety of reasons lead to childbirth injuries. However, they use to have one common thing: they might have been interrupted with fair medical care. The basic reasons behind childbirth injuries are as follows:
- Negligence to Monitor – In case healthcare providers fail to check the condition of the baby and mother thoroughly, issues like a ruptured uterus or placenta previa can arise.
- Extra Force – In some cases a doctor applies lots of forces on the limb or neck of a newborn baby during vacuum extraction or while using forceps. Which may lead to damage to the nerve of the baby.
- Oxygen Deterioration – Different issues can lead to oxygen deprivation in a newborn baby. For instance, in case the umbilical cord wraps around the neck of the baby, it can cause brain haemorrhage or cognitive delay.
- Delayed C-Section – If a doctor cannot perform a C-section on time, it can lead to a newborn’s death or childbirth injury.
2. Delayed Diagnosis or Misdiagnosis
A delayed diagnosis or misdiagnosis can be extremely damaging for patients. They may suffer long-lasting physical damages, intolerable pain, and even death because of inadequate and improper treatment. Moreover, they may bear extreme side effects from getting treatment for an inappropriate condition. A misdiagnosis has the same results, especially when the condition grows.
If a patient gets an inappropriate diagnosis or her/her diagnosis becomes very late, he/she will require showing his/her doctor’s negligence. For instance:
- Failure to Describe Test Results Properly – Healthcare experts should explain test results perfectly.
- Failing to Listen – Doctors are responsible to listen as well as testing the symptoms that patients are explaining.
- Failure to Order Standard Tests – A doctor can be a failure and careless to order standard tests after finding some symptoms.
- Failing to Identify Basic Symptoms – Medical experts are certified in making diagnoses depending on the symptoms of their patients. Failing to diagnose, in spite of symptoms that signify a specific ailment, may create medical malpractice.
- Failure to Test the Medical History of Patients – Doctors should test the family and personal medical histories of their patients. An ailment can become worse which else would have been recognizable easily.
3. Informed Consent
Every medical process is risky. Doctors must recommend you the risks so you can have all info and give consent to getting the process done. If a doctor doesn’t do the same and the risks related to the process occur, you may bring legal charges against malpractice. Also, you can display that you have not gone through the process if you would have known about the risks.
For instance, in case you got diagnosis with prostate cancer, there are several treatment choices, incorporating prostatectomy. Moreover, you should inform your doctor that you don’t want this treatment. But the doctor tries to convince you for the same. A few risks of this treatment are impotence and incontinence. The doctor cannot inform you regarding these risks before your operation and you experience post-operative devastating incontinence.
4. Anesthesia Malpractices
There are different kinds of anaesthesia with various intentions:
- Local – Local anaesthesia makes a small body area insensitive. For instance, it may be used for reducing the pain of a patient while sewing a deep cut.
- Regional – Regional anaesthesia anaesthetizes a particular body part like a leg or an arm.
- General – General anaesthesia makes a patient unaware and unconscious of sensations. He/she does not remember the process afterwards or feel any pain.
Every kind of anaesthesia is risky with some complexities. One serious and mostly seen complication is awareness even after applying anaesthesia. This process is Intraoperative Awareness. If a patient regains his/her consciousness during operation, this happens.
In case, the medical team wrongly applied the anaesthesia and as a result, patients get an injury. Then, the careless medical staff may be responsible for the damages happen. A few instances of the carelessness of an anesthesiologist are:
- Failure to handle the use of fluids and medicines properly
- Using inappropriate kind of anesthesia dose
- Failure to make a patient anesthetic
- Using anesthesia very late
5. Medical Device Errors
Medical gadgets like MRIs are regularly administered for identifying, preventing, and treating ailments. However, sometimes the operators wrongly handle the MRIs and cause severe injuries or even death. Moreover, manufacturers are responsible for design faults, manufacturing faults, and inappropriate warnings.
6. Surgical Errors
Surgical care is all about checking and offering proper care to a patient during and after surgery. Healthcare experts are liable to check their patients minutely for complexities. Which might grow after the operation. Also, they need to check important symptoms, prevent and treat infections, prescribe medicines properly to facilitate the healing process. And also offer comprehensive guidelines for postoperative care.
In case a doctor cannot check his patient properly or diagnose symptoms after the operation, he may be responsible for surgical malpractices. A few common ailments, infections, and other conditions that grow from doctor error are:
- Internal bleeding
- Viral infections
- Organ puncture
- Infection at the surgical area
- Necrotizing fasciitis
- Staph infection
- Tissue necrosis
- Bloodstream infections
- UTI (Urinary Tract Infection)
- MRSA (Methicillin-Resistant Staphylococcus Aureus)
- Respiratory infections like Pneumonia
- Pulmonary embolism or blood clots
7. Hospital Malpractice
Sometimes, hospitals are also responsible for medical malpractice cases. Hospitals should assess prospective staff members properly. This incorporates analyzing their past experience, level of education, and certifications. In case a hospital hires an inexperienced or unqualified employee, it may lead to injuries caused by that staff member.
Moreover, hospitals are liable to hire appropriately so the patients get proper treatment and care. And in the same way, staff members should not be asked to do it beyond their capacity. They must be charged with keeping track of patients’ medical records. Failing to fulfil these and other rules may create a medical malpractice case.
Furthermore, hospitals are responsible in case a staff member or employee leads to an injury to a patient. Also, it’s given the staff was working within the opportunity of their employment during the careless act took place. However, consequent responsibility does not cover the functions of an independent contractor. While, several doctors do not opt the employment in a hospital, but instead, work independently while running their private practices.
8. Medication Negligence
Every year, many people in the USA die due to medication negligence. Also, these malpractices create many cases as there are lots of errors made with medicines. Also, a doctor could commit a mistake with his first prescription, use medicines wrongly, or miss medication interactions. Moreover, medication malpractices in hospitals usually include dosages, but often, improper medicines are used for the incorrect patient.
What Damages Get Compensations in Medical Malpractice Lawsuits?
Injured patients or their families may get compensation for the damages caused by a careless hospital, healthcare professional, or other parties. These harms might be destined to compensate victims for losses they have experienced, and may incorporate:
- Loss of Consortium – Survivals’ family members receives compensation for the loss of support, companionship, and other advantages of family relationships.
- Medical Costs – Medical costs cover doctor fees, hospital charges, prescribed medications, physical treatments, assistive medical gadgets, and other previous and future expenses related to your injury.
- Suffering and Pain – Suffering damages and pain are made to compensate patients for physical pain due to their injury and mental distress as well.
- Loss of Earning Ability and Lost Wages – If you are compelled to take a break from work to get rehabilitation from your injury, you are eligible to receive compensation for lost wages. If you cannot earn a similar amount of money that you did before your injury, you may receive compensation for the lost earning ability.
- Other Damages – You may receive compensation for different other damages. Since these include punitive damages, disfigurement, and loss of enjoyment in someone’s life.
How a Medical Malpractice Lawyer Brooklyn can Help?
Medical malpractice cases twist 2 areas of skill: medicine and law. Because these lawsuits are naturally complicated. And also need the skill and attention of an attorney who has proper knowledge about both areas. You must hire a lawyer who:
- Can predict the strategies of the lawyer of the defendant.
- Knows what to ask
- Is associated with a law firm that is recognized to handle different medical lawsuits
- Has proper knowledge of several medical conditions
- Knows which professionals to contact
- Can guide through complicated medical malpractices
You need the support of a law firm that has resources for taking on insurance agencies and big hospitals. Because the reputed law firms exceptionally equip themselves for dealing with every medical malpractice lawsuit. While a medical malpractice lawyer Brooklyn can:
- Gather and analyze proof on behalf of your claim.
- Describe your legal rights clearly and give you information constantly across the procedure.
- Help you decide in case you have a claim for compensation
- Fight effortlessly to help you receive the best outcomes in your lawsuit
- Decide the responsible party for your losses
- Recognize the complete chance of your short-term and long-term losses
- Deal with a complicated legal procedure.
Things to Do In Case of Medical Malpractice
If you believe that a medical expert has given wrong or inappropriate care, you should take some necessary steps. First, you need to contact a healthcare professional for your care. Possibly, your problem could be solved with the appropriate solution or correction. In case your medical provider cannot solve your problem, look for medical assistance in no time.
You need to take care of your medical requirements and health. However, you must be enough cautious also of the legal time restrictions about your lawsuit. Because doctor malpractice claims rely on a statute of restrictions. Hence, you may have a restricted window for filing a case. Ultimately, find out which medical records will be appropriate for your claim and where you will get them.
A significant entity of rules manages the medical malpractice law. Because these rules vary from state to state. Hence, you should get advice from an experienced medical malpractice lawyer Brooklyn. Also, Brooklyn Injury Attorneys, P.C. can guide you through essential phases of filing, confirm the merits of your claim, and give a possible trial. While in case you think that you have a legal case, this is high time to stay connected with a medical malpractice attorney and discuss your situation! This article may be helpful if you or your loved ones are planning to have an amputation.