When healthcare providers fail to meet the standard of care, patients may suffer severe injuries or even death. This is known as "medical malpractice" and can set the stage for a lawsuit.
In Missouri, victims have the legal right to seek justice and recover financial compensation for medical malpractice and associated injuries. However, it's important to understand the common types first. This article provides more information.
What Is Considered Medical Malpractice in Missouri?
According to the definition accepted in Missouri, medical malpractice occurs when a healthcare provider fails to comply with the standard of care expected of these professionals.
In essence, this standard is the level of care that a similarly qualified healthcare provider would exercise in the same situation. Our team can also provide information on common injuries for a workplace accident.
Most Common Types of Medical Malpractice Cases and Their Injuries
Several types of medical malpractice cases are more common than others. Unfortunately, many of them often involve specific injuries that can significantly impact a patient's quality of life. Below are some examples:
Misdiagnosis or Delayed Diagnosis
If a healthcare professional incorrectly identifies a patient's condition, it can be considered a "misdiagnosis." Sadly, these errors typically lead to inappropriate medical treatment or a delay in receiving proper care.
Delayed diagnosis, on the other hand, happens when a healthcare professional fails to diagnose a patient's condition in a timely manner, so it worsens and becomes more difficult to treat.Â
Both misdiagnosis and delayed diagnosis can result in physical harm, emotional distress, and financial hardship for patients. Some of the conditions that are often affected by these errors include:
Cancer:Â Misdiagnosis or delayed diagnosis of cancer can lead to advanced stages of the disease, reduced treatment options, and a decreased chance of survival.
Heart disease:Â When heart disease isn't properly or timely diagnosed, it can result in heart attacks, strokes, and other serious cardiovascular events.
Infections:Â Misdiagnosis or delayed diagnosis of infections can cause sepsis, organ failure, and death.
Negligent Failure to Treat
The term "negligent failure to treat" refers to cases where a healthcare provider fails to provide necessary and appropriate treatment to a patient, resulting in harm. This can happen due to various reasons, such as a lack of skill or knowledge, carelessness, or a deliberate disregard for the patient's well-being.
Sometimes, the consequences of negligent failure to treat can be severe and include physical injury, emotional distress, and even death. Common examples of this malpractice are:
Chronic conditions:Â This involves failing to properly manage chronic conditions, such as diabetes, hypertension, or asthma, which can lead to complications and life-threatening events.
Post-operative complications:Â They're defined as neglecting to monitor a patient's recovery after surgery and can result in infections, bleeding, and other complications.
Medication Errors
Medication errors are preventable mistakes that can occur at any stage of the medication process, from prescribing to administration. These errors can lead to serious harm, hospitalization, disability, and even death.Â
Common causes of medication errors include misdiagnosis, incorrect prescribing, dosage miscalculations, and poor communication between healthcare providers. Below are some examples.Â
Adverse drug reactions:Â By administering the wrong medication or dosage, healthcare professionals can cause severe allergic reactions, organ damage, and even death.
Overdose:Â Overdosing on medication can lead to serious health problems, including respiratory failure and coma.
Surgical Errors
Surgical errors are those situations where a healthcare provider makes a mistake during a surgical procedure, leading to harm or injury to the patient. These events can have multiple causes, including human error, equipment malfunction, or inadequate communication among the surgical team.
Common surgical errors include operating on the wrong body part, leaving foreign objects inside the patient, causing nerve damage, or performing the wrong procedure. All of them can have severe consequences on patients' lives.
These are some examples:
Surgery performed on the wrong patient
Amputation of the wrong limb
Birth Injuries
Also known as "childbirth injuries," these forms of medical malpractice occur when a baby sustains harm during the birthing process. Unfortunately, these injuries can range from minor to severe and may result in lifelong disabilities.
Medical negligence, such as failure to monitor the baby's heart rate, delay in performing a cesarean section, or improper use of medical instruments are some of the acts that can result in childbirth injuries. These situations can occur during pregnancy, labor, or delivery.
Below are two examples of common birth injuries:
Cerebral palsy:Â It's a neurological disorder that affects movement, muscle tone, and coordination.
Birth asphyxia:Â It refers to the lack of oxygen during birth and can cause brain damage and other serious health problems.
Anesthesia Errors
Anesthesia errors occur when a healthcare provider makes a mistake during the administration of anesthesia, harming the patient. These errors can be caused by various factors, including human error, equipment malfunction, or failure to properly monitor the patient's vital signs.
Common anesthesia errors include administering the wrong dosage of a drug, failing to recognize and respond to allergic reactions, or causing nerve damage during intubation. These can happen during surgery or other medical procedures.
Anesthesia errors can lead to serious complications, such as:
Brain damage, causing disabilities
Nerve damage, leading to pain, numbness, and weakness
Who Can Be Held Liable for a Medical Malpractice Case?
In a medical malpractice case, various parties can be held liable for the harm caused to a patient. These parties may include:
Doctors
Nurses
Hospitals
Clinics
Other healthcare providers
Can Victims File a Medical Malpractice Claim Against a Hospital?
Yes, victims can file a medical malpractice lawsuit against a hospital if they can prove that the hospital's negligence contributed to their injuries.
Many medical malpractice lawsuits filed against hospitals arise from issues such as inadequate staffing, poor hygiene, or failure to follow proper protocols.
Final Thoughts: Is It Necessary to Hire an Attorney When Filing Medical Malpractice Claims?
Although not mandatory, it's highly recommended to hire an experienced medical malpractice attorney when filing a claim. A medical malpractice lawyer in St. Louis can guide victims through the complex legal process, gather evidence, assess the value of their cases, and negotiate a fair settlement or represent them in court.
Many medical malpractice claims are filed by victims themselves, but having legal representation can increase the chances of success in these intricate situations.
Find an Experienced Medical Malpractice Attorney at Powell Law Firm
Were you or a family member injured due to medical malpractice? At Powell Law Firm, you can find an experienced lawyer. Schedule a free consultation and get your case reviewed as soon as possible. Our legal team will fight tirelessly to hold at-fault parties accountable for their actions and recover the compensation you deserve!
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