Medical technology has now evolved, resulting in fewer medical errors. But, unfortunately, these issues are still prevalent in the healthcare industry, despite such technological advancements. In fact, to date, medical errors are collectively one of the leading causes of death in the USA, which indicates that the issue is widespread and requires swift correction. According to a John Hopkins study, around 250,000 individuals die due to medical errors annually. They also estimate that this number could rise to 440,000.
While cancer and heart disease might not be preventable in most cases, medical errors are. Patients are at constant risk of death or permanent injuries. That said, affected patients or their family members can always file a health-related lawsuit to seek compensation for any damages due to medical errors or malpractice. Whether you’re a concerned family member or a patient yourself, knowing some common reasons for negligence and lawsuits beforehand will help you save someone’s life. So, without further delay, let us look at some of the reasons down below.
Unsafe workplace conditions
When employers fail to provide employees a safe working environment, they are liable to accountability. Employees have rights when it comes to working in a hazardous environment. It could include exposure to dangerous chemicals and materials such as asbestos. For example, suppose your employer fails to inform you of dangerous levels of asbestos in some material you encounter at work regularly. In that case, you might be at risk of developing mesothelioma, a rare asbestos-related cancer. You can file an occupational hazard lawsuit and receive money if your condition worsens. You can visit this website to know more about mesothelioma and related cases. In fact, any injury you incur at the workplace because of your employer’s negligence comes under a health-related lawsuit.
Failure to provide treatment
Such a type of medical malpractice occurs when a primary care physician or healthcare facility fails to administer medicine or treatment. It also includes not ordering correct tests, dismissing a patient’s presentation of symptoms, and not referring them to a specialist. These are common issues that lead to a patient or family member filling a health-related lawsuit to acquire compensation for their family member’s suffering.
Lack of informed consent
Your primary care physician’s responsibility is to provide you with all the information and details you need to make an informed decision regarding any medical procedure. In addition, they have to give you the facts regarding the treatment, its benefits, potential risks, and alternatives. If your doctor fails to provide you with such details, you might lack informed consent, even if you sign the consent form. Furthermore, such callousness can get the care provider’s license revoked.
Defective medical devices
Despite the fact the every staff member at a medical institution performs their duties with the utmost efficiency, a patient might experience complications if a medical device malfunctions during a procedure. Unfortunately, there is no way to know when a piece of medical equipment will malfunction. For instance, when a patient is undergoing surgery and the oxygen supply suddenly stops because of a pump malfunction. This can jeopardize the patient’s life.
Such problems may arise if the healthcare facility does not maintain equipment correctly or it is faulty, to begin with. Either way, the manufacturer or the medical institution will be responsible for the harm caused to the patient.
A delayed diagnosis or misdiagnosis
One of the most common reasons for a healthcare-related lawsuit is a delayed diagnosis or misdiagnosis. While both might sound similar, they have a few key differences. A misdiagnosis includes a doctor blatantly misdiagnosing a patient. For example, a doctor might misdiagnose Gastritis for gastroenteritis. Again, while both might sound the same, they require different medicine to treat.
A delayed diagnosis occurs when a doctor fails to diagnose a medical condition on time. For example, if a patient visits the ER for chest pain and they’re told it is only heartburn. The patient might end up suffering a heart attack as their symptoms worsen. However, had they received the correct treatment when they arrived at the ER, they wouldn’t have suffered from a heart attack in the first place. In such cases, the patient or their family can file a medical negligence lawsuit.
Anesthesia administration errors
Doctors commonly use anesthesia in surgical procedures and outpatient treatment. For instance, heart surgery requires general anesthesia, while wound stitching might require local anesthesia, depending on the situation. Dental procedures such as root canal treatment also require anesthesia administration most of the time.
Anesthesia administration errors can have detrimental side effects on a patient, especially if their doctor doesn’t take their medical history properly. For instance, a patient might suffer from allergic reactions, organ failure, brain damage, and heart attack if the dosage is incorrect. Therefore, an anesthesiologist will be liable for a medical practice lawsuit in such a case and will compensate the affected party for damages.
Conclusion
After suffering from an injury because of a medical professional or institution’s negligence, the first thing a patient should do is speak with a personal injury attorney. It will help if the lawyer has experience in medical malpractice lawsuits. However, studies show that it is difficult for the plaintiffs to win medical-related cases as the local and state governments want to maintain the integrity of the medical institutions. Due to such a reason, most states impose high standards and strict rules on medical practitioners and institutions to ensure a low chance of medical errors.
