What are the Most Common Medical Malpractice Claims

Medical malpractice is considered any deviation from the accepted ethical standards. When this happens, people suffer unwanted health problems, and the number of fatalities is not low either.

After such a case, it’s natural for the patient and their family to be angry and worried, so they file a lawsuit and seek a compensation claim for the malpractice.

Although every person is different and every case is different, some claims repeat more often than others. Some of the most common are errors in drug prescriptions, failure to treat, childbirth injuries, misdiagnosis, or delayed diagnosis.

If you were a victim of medical malpractice you should consult with a New Mexico personal injury attorney as soon as possible.

Misdiagnosis or Late Diagnosis

 About one-third of all filed malpractice claims in the past years were related to missed or delayed diagnosis. The incorrect or late diagnosis may result in unnecessary treatment of the patient, or the patient may get treatment later (which could affect their life).

A doctor may misdiagnose when they fail to do the following:

  • Failure to recognize clinical signs and symptoms.
  • Order medical testing or seek additional information.
  • Refer the patient to a specialist.
  • Other errors that can affect the identification of an illness include:
  • Mislabeled laboratory or test results.
  • Lost test results.
  • Errors when conducting a test or evaluating data.

An accurate diagnosis set on time can save your life and spare you from many complicated consequences. A reckless medical professional can be held accountable for any side effects or consequences that you have experienced because of their misdiagnosis or late diagnosis.

Failure to Treat

Not treating a patient is violating the standards of care that the medical caregiver accepts when taking on a patient. This is considered negligence and is the main reason for malpractice claims.

Here are several examples of failure to treat:

  • Releasing a patient too soon from the hospital.
  • Not giving instructions for follow-up care.
  • Not ordering suitable medical tests.
  • Neglecting to consider the patient’s medical history when prescribing medicine or treatment.

In some cases, a doctor’s failure to treat happens because they take care of many patients (more than they can handle). If this is the case, the doctor should direct the patient to another healthcare provider, instead to treat them without care.

Prescription Drug Errors

This is another malpractice that happens often. Prescribing the wrong drugs can cause many complications from mild allergic reactions to death.

The following are types of prescription drug errors:

  • Prescribing the wrong medicine for a diagnosed condition.
  • Prescribing wrong dosage (too much or too little).
  • Not recognize potentially dangerous drug interactions or allergic reactions.
  • Failing to recognize signs of abuse, addiction, or overdose can increase health risks.

In many cases, even hospitalized patients may get the wrong medicine. If negligent pharmacists fill the doctor’s prescription incorrectly, they may also be found accountable for harming the patient.

Surgical or Procedural Errors

Having surgery and ending up with complications instead improvement of your medical condition, is surely the last thing you want when you undergo an operation.

These are some of the most common surgical or procedural mistakes:

  • Operating the patient on the wrong part of the body.
  • Performing surgery on the wrong patient.
  • Medical devices such as tools or gauze are left inside the patient.
  • Reactions or problems to anesthesia.
  • Not following accepted medical practices before, during, and after surgery.

Childbirth Injuries

These injuries can have deadly outcomes and catastrophic results afterward. Childbirth injuries can be caused by:

  • Substandard prenatal care.
  • Wrong use of forceps or excessive force removing a baby from the birth canal.
  • The child has the umbilical cord wrapped around their mouth, nose, or neck.
  • The doctor fails to recognize fetal distress.
  • Failure to do a C-section when needed.
  • Mishandling a baby (shaking, dropping) during or after birth.

If you were a victim of medical malpractice in any of the upper mentioned situations, you have a basis for a medical malpractice case. Your health is priceless and any complication can lead to problems with your functioning, quality of life, ability to earn. Losing a loved one because of medical malpractice is a serious tragedy and the family has the right to sue the healthcare provider.

Make sure to consult with a personal injury attorney who works in the medical malpractice area.

Our team at FBD Law has worked on such cases and we are here to answer every question you have and review your case; schedule your free consultation today.

Share on facebook
Share on twitter
Share on linkedin
Share on reddit