Medical Malpractice Lawsuit
Medical Malpractice Lawsuit
Medical Malpractice Lawyer
Doctors and medical professionals have a standard of care they are professionally required to follow. Sometimes they fail to do this resulting in a medical malpractice lawsuit.
Medical malpractice lawsuits are most often the result of negligence or misdiagnosis resulting in improper medical treatment. Unfortunately, this may cause further damage to the patient’s medical condition, and regrettably may even lead to the patient’s death.
I have been a Cleveland medical malpractice lawyer for more than 40 years. If you have been injured because of negligence or a medical error, call me today, and I’ll Make Them Pay!®
The most common medical malpractice cases are related, but not limited, to:
Hospital Negligence Claims
Hospital negligence is the failure of a healthcare facility or its staff to meet the expected standard of care, resulting in harm or injury to a patient. Negligence can lead to medical malpractice cases when patients believe their injuries were caused by the hospital or its staff. Forms of hospital negligence that can occur, along with their potential negative outcomes include:
Misdiagnosis or Delayed Diagnosis: When a hospital fails to correctly diagnose a patient’s condition or delays the diagnosis, it can lead to delayed or inappropriate treatment. This may result in the progression of the patient’s illness, worsening of symptoms, or even death.
Surgical Errors: Surgical negligence occurs when mistakes are made during surgical procedures. Examples include wrong-site surgery, improper anesthesia administration, leaving surgical instruments inside the patient, or performing unnecessary surgeries. These errors can cause severe complications, infections, organ damage, or even death. These errors also lead to medical malpractice claims.
Medication Errors: Hospital negligence can involve mistakes such as prescribing the wrong medication, incorrect dosage, or administering medication to the wrong patient. These faults can lead to adverse drug reactions, allergic reactions, organ damage, or other harmful effects. Medical malpractice lawyers, like myself, hold hospitals accountable for their inaccuracies.
Infections and Hospital-Acquired Conditions: Hospitals have a responsibility to maintain a clean and safe environment to prevent infections and other hospital-acquired conditions. Failure to properly disinfect equipment, rooms, and personnel may result in healthcare-associated infections, such as surgical site infections or infections from contaminated medical equipment. These can prolong hospital stays, lead to additional treatment, and even cause life-threatening complications. All of these problems are not only harmful to the patient, but can be very expensive.
Failure to Provide Adequate Supervision or Staffing: When hospitals fail to provide sufficient staff or supervision, it can lead to inadequate monitoring of patients, delays in emergency response, or insufficient care. This can result in patient deterioration, complications, or preventable injuries.
We trust our doctors with our lives, and have the reasonable expectation that they will make us healthier. In Cleveland, we have some of the best hospitals and doctors in the world, but, even they are not impervious to medical negligence. As an experienced medical malpractice attorney, I’ve seen the unfortunate outcomes when procedures go awry. The injuries patients endure is horrible, and medical bills can be astronomical. If you feel you have a medical malpractice case, you need to call me, and I’ll Make Them Pay!®
An incorrect diagnosis for cancer can lead to a medical malpractice lawsuit. It would need to be demonstrated that a timely and accurate diagnosis would have resulted in a substantially better outcome for the patient. Some types of cancer may have a low survival rate regardless of the timing of diagnosis. Others, particularly those caught in the early stages before metastasis, have a higher chance of successful treatment if diagnosed promptly.
Here are other reasons for a medical malpractice claim focused around cancer:
Delayed Diagnosis: This occurs when there is a significant delay in diagnosing cancer, which can lead to progression of the disease and potentially reduce treatment options or worsen the prognosis. The delay may be due to the failure of healthcare professionals to recognize or investigate suspicious symptoms, order appropriate tests, or interpret test results accurately.
Misdiagnosis: Cancer misdiagnosis happens when a patient is diagnosed with cancer when they do not have the disease. Or, it is possible to be diagnosed with the wrong type or stage of cancer. This can lead to unnecessary and potentially harmful treatment. It’s possible to cause unnecessary emotional distress for the patient and their families.
Negligent Screening: Medical malpractice cases can arise from failures in cancer screening, such as inadequate or incorrect screening procedures. Also, misinterpretation of screening results, or failure to recommend appropriate screening based on the patient’s medical history can occur.
Regarding statistics for misdiagnosis and mistreatment of cancer in the United States, it’s important to note that specific numbers may vary over time. However, some studies and reports have provided insights into these issues:
Misdiagnosis: According to a study published in 2019, missed cancer diagnoses accounted for approximately 46% of primary care diagnostic errors. The most commonly missed cancers were lung, colorectal, prostate, and breast cancers. The majority of diagnostic errors (76%) were attributed to errors in clinical judgment, such as failure or delay in ordering diagnostic tests or obtaining consultations or referrals.
Mistreatment: The statistics on mistreatment of cancer are more complex, as it can involve various factors such as treatment errors, complications, or inadequate follow-up care. It is known that medical errors and mistreatment can occur in cancer care, emphasizing the importance of proper treatment planning, accurate administration of therapies, and appropriate monitoring of patients throughout their cancer journey.
Surgery Malpractice Claims
Surgical malpractice happens when a surgeon or other healthcare professionals involved in surgery fail to provide the accepted standard of care, resulting in harm or injury to the patient. These surgical errors are often preventable and can be considered negligent. Here are various types of surgical malpractice and their associated consequences:
Injuring Nerves or Organs: During surgery, a surgeon may inadvertently injure nerves, organs, or blood vessels. These errors can lead to severe complications, such as paralysis, loss of function, internal bleeding, organ damage, or even death. In some cases, patients may require additional surgeries to repair the damage caused. The extra surgeries and increased recovery time are costly.
Anesthesia Errors: Anesthesia plays a critical role in surgeries, and errors in administering anesthesia can have serious consequences. Administering too much or too little anesthesia or failure to monitor the patient’s vital signs during surgery shows negligence. Delayed response to anesthesia-related complications can result in brain damage, cardiac arrest, respiratory distress, or even death.
Wrong-Site Surgery: Wrong-site surgery occurs when the surgeon operates on the wrong part of the body or performs the wrong procedure altogether. This type of surgical malpractice can lead to unnecessary surgeries, prolonged recovery, complications, and physical or psychological harm to the patient. It can also undermine patient trust in the healthcare system.
Retained Surgical Instruments: Leaving surgical instruments, such as sponges or surgical tools, inside a patient’s body after surgery is a grave error. These retained objects can cause infections, internal injuries, pain, and require additional surgical procedures to remove them. Such incidents can result in physical and emotional distress for the patient and may require extended hospital stays and treatment.
Lack of Informed Consent: Informed consent is a crucial aspect of pre-operative care. Failing to adequately inform the patient of the risks, benefits, and alternatives of a surgical procedure (except in critical emergencies) can form the basis for a medical malpractice lawsuit. Patients have the right to be fully informed to make educated decisions about their treatment options.
I know, surgery can be worrisome, even before taking into account the chances of something going wrong. We should be confident in our medical provider. I am here in case something does go wrong. If you’ve suffered harm because of the negligence of a doctor, call me today, and I’ll Make Them Pay!®
Types of anesthesia errors and the problems associated with each:
Tooth Damage: Anesthesia-related tooth damage can occur due to improper intubation or positioning of the patient’s head during surgery. This can result in chipped or broken teeth, nerve damage, or damage to the jaw.
Death: Although very rare, anesthesia-related deaths can occur due to various factors, such as medication errors, adverse drug reactions, or allergic reactions. Complications during anesthesia administration and improper caring procedures can also result in a medical malpractice lawsuit.
Cerebral Palsy: Administering anesthesia to mothers during labor carries certain risks. Anesthesia errors during labor can lead to cerebral palsy in the child. It is important to ensure proper monitoring and appropriate administration of anesthesia during labor and delivery to minimize such risks.
Spinal Cord Injury: Anesthesia errors, particularly those related to epidural or spinal anesthesia, can potentially result in spinal cord injuries. These injuries can lead to partial or complete paralysis, loss of sensation, or other long-term neurological complications.
Intubation Injuries: Intubation is the process of inserting a breathing tube to maintain a patient’s airway during surgery. Errors during intubation, such as esophageal intubation, can cause injuries to the airway, resulting in respiratory distress, lack of oxygen, or aspiration pneumonia.
It is important to note that specific statistics regarding anesthesia errors in the United States can vary over time. However, a study examining closed malpractice claims reported that the most frequent anesthesia-related injuries were tooth damage (20.8% of claims) and death (18.3% of claims). It is advisable to refer to reliable sources such as medical malpractice insurance providers, healthcare quality organizations, or governmental bodies that collect and analyze data related to medical errors and malpractice claims.
Pharmaceutical Practice and Bad Drugs
Poor pharmaceutical practices and the use of bad drugs can lead to medical malpractice lawsuits. Here are some examples illustrating how these factors can contribute to such lawsuits:
Medication errors: Medication errors are a common consequence of poor pharmaceutical practices and can lead to harmful outcomes for patients. Mistakes in prescribing, dispensing, administering, or monitoring medications can result in adverse effects or even death. Such errors can include prescribing the wrong medication, administering the incorrect dosage, or failing to consider potential drug interactions. These errors can form the basis for medical malpractice cases as they demonstrate negligence on the part of healthcare providers.
Drug shortages: Drug shortages can occur due to various reasons such as manufacturing issues, regulatory problems, or supply chain disruptions. When essential medications are unavailable, patients may not receive the appropriate treatment, leading to worsened health outcomes. If a patient suffers harm or adverse effects due to the unavailability of necessary medications, it can give rise to a medical malpractice lawsuit. Healthcare providers have a duty to provide appropriate care, and the inability to obtain essential drugs can be seen as a breach of that duty.
Drug interactions: Drug interactions occur when two or more medications interact in ways that can reduce their efficacy or increase adverse effects. Poor pharmaceutical practices can involve inadequate screening for potential drug interactions or failing to educate patients about potential risks. If a patient experiences harm or adverse reactions due to a drug interaction that could have been prevented with proper pharmaceutical practices, it may be grounds for a medical malpractice lawsuit. Healthcare professionals have a responsibility to be aware of potential drug interactions and take appropriate measures to minimize risks.
Call me anytime – Allow me to be your Cleveland medical malpractice attorney
Every medical malpractice case is unique, and the specific circumstances surrounding your injury will determine viability for a medical malpractice lawsuit. If you believe you have been a victim of medical malpractice, you need to call me for a free consultation. With more than 40 years of experience, I’ll find out exactly what happened, and I’ll Make Them Pay!®