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Understanding Medical Malpractice: Surgical Errors, Failure to Diagnose, Delayed Diagnosis, and Misdiagnosis
Medical malpractice is a critical issue that can have devastating consequences for patients and their families. Among the most common and harmful types of medical malpractice are surgical errors, failure to diagnose, delayed diagnosis, and misdiagnosis. These errors can lead to significant harm, prolonged suffering, and even death. At Folkman Law, our experienced attorneys are dedicated to helping victims of medical malpractice navigate the complex legal landscape and secure the justice and compensation they deserve. This article explores these key areas of medical malpractice, their impacts, and how we can help you seek justice.
Surgical Errors
Before a patient enters the operating room for a surgical procedure, they sign an “informed consent” indicating that they realize the risks associated with the surgery. Post-surgical stroke, adverse reaction to anesthesia, cardiac complications during the surgery, or blood loss and possible transfusions are just some of the situations that can occur with any surgical procedure. A surgical error, on the other hand, is an unexpected situation that can injure the patient or even result in wrongful death. Surgical errors must fall outside the disclosed risks associated with the surgery.
When a medical professional’s negligence, incompetence, or carelessness causes a surgical error, a medical malpractice claim can be pursued. All medical professionals and institutions are held to a standard of care that must be provided to all patients at all times. When this level of care is below the standard, the patient can suffer terrible consequences. When a surgical error occurs, the experienced and knowledgeable Philadelphia medical malpractice lawyers at Folkman Law can determine whether you have the basis for a medical malpractice lawsuit and advise you on your best legal strategy.
Types and Causes of Surgical Errors
There are many types of surgical errors. The most common and preventable errors include:
- Failure to recognize vital signs that indicate a decline in a patient’s status
- Leaving a piece of surgical equipment inside the patient
- Making an incision in the wrong place
- Nerve damage
- Operating on the wrong body part
- Operating on the wrong patient
- Too much or too little anesthesia
With attention to detail and proper protocol, surgical errors can be prevented. Incompetence is also a factor in many surgical errors. Inexperience, lack of skill, or failure to prepare adequately for the surgery are examples of incompetence. The surgeon is expected to have reviewed the medical records and information of the patient before the surgery and has ensured that the operating room, surgical equipment, and staff are properly prepared and available. Communication between the doctor, patient, operating room personnel, and equipment operators is vital to a successful procedure. All those involved in the surgical procedure must know what is expected and be prepared for emergencies.
Surgical errors due to negligence, carelessness, or incompetence are inexcusable. When medical professionals act carelessly or disregard safety precautions, the patient is at risk for serious complications. Surgeons must be aware of recalled or defective surgical equipment, ensure that all surgical tools have been properly sanitized and disinfected, and ensure that all has been done to ensure the proper patient receives the scheduled services. Furthermore, surgeons must ensure that they are well-rested, as they can still be held liable for errors they make when fatigued.
Failure to Diagnose
Failure to diagnose a medical condition is another common form of medical malpractice. This occurs when a healthcare provider fails to recognize and diagnose a patient’s condition, leading to a lack of necessary treatment. This oversight can worsen the condition and become more difficult to treat. Common scenarios where failure to diagnose occurs include:
- Cancer: Missing early signs of cancer leading to advanced stages that are harder to treat.
- Heart attacks: Failing to recognize symptoms, resulting in severe heart damage or death.
- Infections: Not identifying infections that can spread and cause systemic issues.
Delayed Diagnosis
Delayed diagnosis is when a healthcare provider eventually diagnoses a condition but not on time. The delay can cause the patient’s condition to worsen, leading to complications that could have been avoided with an earlier diagnosis. Common issues associated with delayed diagnosis include:
- Progression of disease: Conditions like cancer or infections can progress to advanced stages, making treatment more difficult.
- Extended suffering: Patients endure prolonged pain and discomfort due to the delay.
- Increased medical costs: More intensive treatments and longer hospital stays may be required.
Misdiagnosis
Misdiagnosis occurs when a healthcare provider incorrectly identifies a patient’s condition. This can lead to inappropriate treatments that not only fail to address the real issue but may also cause harm. Misdiagnosis can occur in various forms, including:
- Treating a condition that does not exist: Administering treatments for an incorrect diagnosis.
- Overlooking the actual condition: Missing the real condition that requires treatment.
- Psychiatric misdiagnosis: Diagnosing mental health conditions inaccurately leading to ineffective or harmful treatments.
Proving Medical Malpractice
To prove that medical malpractice occurred as a result of surgical errors, failure to diagnose, delayed diagnosis, or misdiagnosis, the plaintiff in the lawsuit must prove three things:
- Establish a doctor-patient relationship: The patient must prove they had established a relationship with the physician. This can be proven with medical records of appointments with the physician, medications prescribed by the physician, and treatment plans ordered by the physician.
- Negligence by the physician: The patient must establish that negligence by the physician resulted in misdiagnosis, delayed diagnosis, or a surgical error. Physicians must provide their patients with a standard of care established within the medical profession. When they do not provide this level of care, the physician can be held liable for medical malpractice.
Proof of suffering and damages: The patient must prove that they suffered pain, lost wages, have costly medical bills, or have experienced a significant loss in the quality of their life or in their ability to live independently because of misdiagnosis, delayed diagnosis, or surgical error. Compensation for pain and suffering may be available to the patient in addition to compensation for their physical injuries.
How Folkman Law Can Help
Navigating a medical malpractice claim can be complex and daunting. At Folkman Law, our experienced attorneys are here to provide the support and representation you need. Here’s how we can help:
Investigation
Our legal team will thoroughly investigate your case, including reviewing medical records, consulting with medical experts, and interviewing witnesses. This comprehensive approach ensures we gather all necessary evidence to build a strong case.
Damage Evaluation
We will help evaluate the damages you have suffered due to the malpractice, including economic and non-economic damages. This includes calculating medical expenses, lost wages, and compensation for pain and suffering.
Negotiation
If applicable, we’ll negotiate with insurance companies on your behalf to obtain a fair settlement for your damages. We aim to secure the maximum compensation without needing a lengthy court battle.
Litigation
If your case goes to trial, our attorneys will represent you in court, presenting evidence and arguing your case to a judge and/or jury. We are dedicated to fighting for your rights and achieving the best possible outcome.
Communication
Unlike some law firms, we take communication with our clients very seriously. We will update you as your case progresses and ensure you are informed about all developments. You will never be left in the dark.
Frequently Asked Questions
What should I do if I suspect medical malpractice?
If you suspect that you or a loved one has been a victim of medical malpractice, it’s crucial to seek legal advice as soon as possible. Contact an experienced medical malpractice attorney to discuss your case, review medical records, and determine the best action. Contact the medical practice and order a complete and full copy of your medical records as soon as possible.
How long do I have to file a medical malpractice claim?
The statute of limitations for medical malpractice claims varies by state. In Pennsylvania, you typically have two years from the date of the injury to file a lawsuit. However, if the injury was not immediately discoverable, the time limit may start from the date you discovered or should have reasonably discovered the injury.
What compensation can I receive in a medical malpractice lawsuit?
Compensation in a malpractice lawsuit can include economic damages (such as medical expenses and lost wages) and non-economic damages (such as pain and suffering). In rare cases, punitive damages may also be awarded to punish particularly reckless behavior.
How can I prove medical malpractice occurred?
To prove medical malpractice, you must establish a doctor-patient relationship, demonstrate that the healthcare provider was negligent, and show that the negligence directly caused harm. This often requires expert witness testimony and thorough documentation of medical records.
Can I file a medical malpractice claim if a loved one died due to negligence?
Yes, if a loved one died due to medical negligence, you might be able to file a wrongful death lawsuit. This type of claim seeks compensation for funeral expenses, loss of companionship, and other related damages. An experienced attorney can guide you through this process.
Conclusion
Medical malpractice, including surgical errors, failure to diagnose, delayed diagnosis, and misdiagnosis, can have devastating effects on victims and their families. If you or a loved one has suffered due to medical malpractice, it’s crucial to seek legal representation to ensure your rights are protected and you receive the compensation you deserve. At Folkman Law, our experienced attorneys are committed to providing the comprehensive legal support you need to navigate these challenging cases.
Contact us today to schedule a consultation and learn how we can help you seek justice and secure the compensation you need to move forward. Your legal solutions start here—choose Folkman Law, where excellence meets commitment.
