Mishandled surgical procedure for a young man.
General Medical Malpractice Information
Types Of Medical Malpractice Cases
Failure to diagnose or misdiagnosis
A medical malpractice claim involves a doctor failing to diagnose or misdiagnosing a medical condition. Examples include:
- Failure to diagnose cancer: when a physician fails to diagnose cancer, cancer treatment is set back, thus allowing the cancer to spread and become more difficult to treat, or becomes untreatable.
- Misdiagnosis of a heart attack: Misdiagnosis of a heart attack can result in delayed or incorrect treatment, which can cause serious harm or a potential wrongful death.
- Failure to diagnose a stroke: When treatment for a stroke is delayed due to a misdiagnosis or a failure to diagnose, the outcome may lead to permanent brain damage or even death.
- Misdiagnosis of a bacterial infection: Failure to diagnose, or misdiagnose an infection can result in sepsis, which can be lethal. In some cases where treatment was not properly or timely initiated, can result in amputation.
Having a surgical procedure is always stressful. You’re putting your trust in a medical professional and expect an excellent outcome. All too often, this is not the case. As a medical malpractice lawyer, I have helped hundreds of clients who have been injured from a surgical mistake. Examples of these errors include:
- Operating on the wrong site, or performing the wrong procedure on a patient. For instance, a neurosurgeon may operate on the wrong side of the brain. There have been many instances where a patient undergoes a procedure intended for another patient with a similar last name.
- Leaving surgical instruments or other foreign objects inside a patient’s body after surgery. This may result in infection, pain, or further complications.
- Causing injury to the patient’s organs, tissues, or nerves during surgery. This includes perforating the bowel, damaging the spinal cord, or cutting an artery causing extensive bleeding. All are serious instances of medical malpractice.
- Administering anesthesia improperly can lead to cardiac arrest, respiratory distress, or damage to the brain.
- Failing to monitor the patient’s vital signs during surgery, may cause complications such as hypoxia, hemorrhage, or cardiac arrest.
Medication errors can lead to a delay in proper treatment, cause dangerous side effects or are contraindicated with a patient’s other medications. Many medical malpractice claims are a result of this type of negligence. If you’ve suffered due to a medication error made by your doctor, or hospital staff call me. I have a long history of helping clients who have been injured due to improperly prescribed medications. Medication errors include:
1. Prescribing the wrong medication: A patient may experience symptoms such as constipation, nausea, drowsiness, confusion, and poor coordination, depending on the type of medication prescribed. This can lead to falls and further injuries.
2. Giving the wrong dosage: The wrong dosage of medication may cause adverse drug reactions, which can range from mild to severe depending on the medication.
3. Administering the wrong medication: This can lead to non-adherence to the prescribed treatment, which can worsen the patient’s condition or result in ineffective treatment.
4. Failing to account for drug interactions: If a doctor fails to account for drug interactions, the effects can range from mild to severe. This includes nausea, dizziness, confusion, increased risk of falls, liver and kidney damage, and even death.
Birth injuries of any kind are devastating to parents. Sometimes, the injuries can be life-changing for your child. Medical malpractice settlements are there to help you and your family as you move forward with uncertainty. I understand how hard it can be. With more than 40 years of experience as a birth injury lawyer in the Cleveland area, I advocate for my clients and get them the compensation and help they need. Call me as soon as possible if your child has suffered a birth injury. Possible harm to the mother or child can include:
- Nerve Damage: During the delivery process, if the obstetrician uses improper techniques or excessive force, it can cause nerve damage to the baby. This can lead to issues such as Erb’s Palsy, a type of nerve damage that affects the arm and shoulder. In one example, a mother suffered permanent nerve damage in her pelvis due to the use of excessive force during delivery.
- Brain Damage: If the baby’s brain is deprived of oxygen during delivery, it can lead to permanent damage, resulting in lifelong disabilities. Brain damage can occur due to medical negligence such as failure to diagnose fetal distress, improper use of forceps, or failure to perform a timely C-section.
- Burns: In one example of a birth injury, a nurse applied a glove filled with hot water on a premature twin in the neonatal intensive care unit (NICU). The glove burst, and the hot water scalded the baby, causing serious burns on the tiny infant.
Two Types of Medical Malpractice Damages
There are two types of damages that can be recouped in medical malpractice settlements. If your life changed through no fault of your own, we need have a conversation about your injuries. Adjusting to a different lifestyle as a result of a medical malpractice injury is difficult not only physically and emotionally, but financially as well. You deserve to be be properly compensated for your injuries:
Economic Damages For A Medical Malpractice Lawsuit
Economic damages compensate the plaintiff for the financial losses and expenses incurred as a result of the malpractice injury. There are several types of economic damages that can be claimed in a medical malpractice lawsuit, as explained by several sources:
1. Medical expenses: This includes the costs of medical treatment, such as hospitalization, surgery, medication, and rehabilitation.
2. Lost income: This includes compensation to the plaintiff for lost wages due to their injuries. This includes both the income they lost while they were unable to work, and any future income they may lose due to a long-term disability.
3. Future medical expenses: Some injuries may require ongoing medical treatment, such as physical therapy or prescription medications. Economic damages can compensate the for the anticipated costs for future medical care.
Non-Economic Damages For A Medical Malpractice Case
Non-economic damages refer to subjective losses that are not easily quantifiable in dollars and cents. Here are some types of non-economic damages that can be sued for in a medical malpractice case:
1. Pain and suffering: Physical pain and emotional distress you suffered as a result of the malpractice.
2. Emotional distress: Includes psychological harm, such as anxiety, depression, and post-traumatic stress disorder (PTSD).
3. Loss of enjoyment of life: The loss of the ability to enjoy activities that you enjoyed before the medical malpractice injuries occurred. This may include hobbies, sports, and spending time with family and friends.
4. Disfigurement: Scarring, amputation, or other permanent physical changes that affect your appearance.
5. Loss of consortium: This type of non-economic damage compensates the plaintiff’s spouse for the loss of companionship, intimacy, and support because of injuries.