Types of Medical Malpractice
Diagnostic Errors
There are endless numbers of possibilities when it comes to medical malpractice. One of the most common types of malpractice involves a misdiagnosis or a missed diagnosis. These types of errors can lead to a devastating series of unnecessary, harmful treatments or missing the opportunity to successfully treat a patient.
Doctors are not infallible, no diagnostic test is perfect, and some conditions can be extremely difficult to diagnose accurately. In order for a diagnostic error to count as malpractice, it has to be a mistake that would not be made by a reasonable doctor with the same training and experience as the doctor who made the error.
Diagnostic Malpractice Errors
- Failing to order the standard diagnostic tests based on the patient’s symptoms and history
- Misinterpreting the results of the diagnostic tests
- Negligently ignoring the results of the diagnostic tests
Take breast cancer as an example. A woman gets a routine mammogram. A doctor can then commit medical malpractice by observing an abnormality on the mammogram and then negligently not ordering standard follow-up testing such as an ultrasound, a follow-up mammogram, or a biopsy.
The woman returns for her routine mammogram two years later. Now, what was a tiny, localized cancer easily treated with a lumpectomy two years prior is something else entirely. It has turned into a large, life-threatening metastatic tumor requiring a full mastectomy, radiation, and chemotherapy. The same failure to diagnose could happen if the doctor somehow overlooked an obvious abnormality on the mammogram.
Alternatively, a doctor could misinterpret the results of diagnostic testing and diagnose someone who doesn’t have cancer with cancer. Such a patient could undergo a lot of harmful and expensive treatments before the mistake is discovered.
Obstetric Errors
Medical malpractice claims related to pregnancies and births are quite common. Prospective parents fully expect the pregnancy to proceed smoothly and end with a healthy mother and a healthy child. Of course, some pregnancies are risky and serious complications like pre-eclampsia are unfortunately not all that uncommon.
However, quite a few infants are permanently injured during the birth process. Some women are badly injured or even killed during pregnancy and birth by negligence and medical errors.
Errors and Negligence That Can Occur During Pregnancy and Birth
- A healthcare provider failing to observe obvious signs of something going wrong, like a 27-week pregnant woman reporting the sudden onset of severe headaches or abdominal pain.
- Failing to adequately monitor the infant and mother throughout the birth, leading to injury due to not being able to intervene swiftly enough.
- Using the wrong birthing tools or using birthing tools incorrectly, leading to an injury.
- Not switching from a planned vaginal delivery to a C-section during circumstances in which the standard of care dictates performing an emergency C-section.
- Failing to adequately monitor the new mother after the birth – the healthcare provider will not be able to intervene swiftly enough if signs of injury or trauma surface.
Medication Errors
Medication errors can be made by numerous different types of healthcare workers, and medication errors can lead to severe organ damage or even death. Some examples of medication errors include:
- The doctor prescribing the wrong medication or the wrong dose.
- The doctor and pharmacist failed to notice the co-administration of two or more medications that would be expected to interact badly.
- The pharmacist dispensing the wrong medication or at the wrong dose.
- A nurse administering a medication to the wrong patient or negligently failing to administer a prescribed and dispensed medication.
- A nurse administering medication in the wrong way, such as by IV infusion instead of by intramuscular (IM) injection.
Surgical Errors
Although surgical malpractice is not as common as some of the other types described above when it does occur, it can be especially devastating to patients and their families. Some types of surgical malpractice errors that have been noted to occur include:
- Recommending and performing unnecessary surgery, a surgery that is not the standard of care, and that would not be suggested by a reasonable surgeon in that circumstance.
- Performing the wrong type of surgery.
- Performing surgery on the wrong body part or on the wrong patient.
- Mishandling a standard, routine surgery that any well-trained surgeon could perform correctly.
- Leaving an item such as a sponge or scalpel inside the patient.
- Cutting a nerve, muscle, tendon, or ligament.
Some surgical malpractice claims are related to the anesthesiologist administering the wrong type of anesthesia or failing to properly monitor the patient during the procedure.
Compensation from a Medical Malpractice Claim
Compensation awards for medical malpractice claims can be significant because of the devastating consequences for the patient involved and the patient’s family.
Compensation awards may include compensation for:
- Medical bills incurred during treatment for the injuries the patient suffered as a consequence of the malpractice. This may include the bills incurred during the treatment process in which the malpractice occurred, such as paying for unnecessary treatments triggered by a misdiagnosis.
- Loss of wages during the recovery process.
- Loss of future wages if the injury causes permanent disability.
- Loss of future financial support if the malpractice resulted in the death of an adult with dependents.
- Medical and care bills incurred during lifelong treatment of the patient if the injury causes permanent disability.
- Costs of a funeral and burial if the malpractice resulted in a death.
- Pain and suffering.
- Reduced quality of life.
The money is usually obtained from an insurance company. Most healthcare workers and hospitals carry medical malpractice insurance to protect them financially in the event of a malpractice claim.
