Medical Malpractice

While many people use the terms interchangeably, negligence and malpractice are distinct. Negligence is the failure of an average person to uphold their duty of care to others, which results in an injury. Exceeding the speed limit and causing an accident or a person falling because your sidewalk wasn't clear are examples of negligence.

Certain professionals, like doctors, surgeons, and psychiatrists, are held to a higher standard of care when working in their respective fields. When one of these professionals fails to use the same level of care that is standard amongst members of the field, it can fall under the umbrella of malpractice. A physician who fails to adhere to the expected level of care can commit malpractice, regardless of their intent.

Medical malpractice can occur in any setting and at any level of care, but the most common instances of malpractice include:

• Misdiagnosis: Over 7 million cases of misdiagnosis are reported annually in the United States. Misdiagnosis is the failure of a doctor to correctly identify a patient's condition, which can lead to delayed, incorrect, or unnecessary treatment.
• Delayed diagnosis: With a delayed diagnosis, the doctor doesn't note a condition within a reasonable time frame, which can result in increased treatment difficulty and irreversible damage.
• Failure to treat: This is common in emergency rooms. It involves failing to prescribe appropriate medication, order necessary testing, or refer the patient to a specialist.
• Surgical errors: Surgery is stressful without complications; operating on the wrong part of the body or leaving instruments, like sponges, inside the patient are common surgical errors.
• Childbirth injuries: Monitoring the health of the mother and unborn child is crucial during labor and delivery. Inadequate fetal monitoring or not performing a necessary cesarean in time can cause several injuries to the newborn, including cerebral palsy, paralysis, and hypoxic-ischemic encephalopathy.

Medical malpractice is challenging to prove, but there are some indicators that you didn't receive proper care, such as:

• Worsening health following treatment isn't always evidence of malpractice, but you should consider seeking a second opinion from another provider.
• If mistakes occurred, did your provider acknowledge them? Human error isn't wholly avoidable in medical care, but transparency from the doctor is necessary. An attempt by a medical provider to cover up mistakes rather than address them may indicate malpractice.
• Were you given sufficient information to provide informed consent? Doctors must provide you with treatment details, including possible risks and benefits, and failure by medical staff to provide this information may be medical malpractice.