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Most Common Examples of Medical Negligence
Medical negligence can be a very complicated issue. It is the burden of the injured party to show that a medical care provider acted out of the accepted norms of the field of medicine when providing service, and that service caused harm. The court will require expert testimony to show that the care provider acted outside of the usual standard of care for this illness or injury.
The injured party must also show that the injury they received has caused them physical and financial harm. It is also the obligation of the injured party to file this lawsuit within the guidelines of the Statute of Limitations. Victims of medical malpractice only have two years from the time the injury occurred to seek legal action against the responsible party.
Working with an OKC medical negligence lawyer will help you establish that negligence did occur and that you are entitled to receive compensation.
The Most Common Forms of Medical Negligence
Medical negligence can apply to any type of injury that is caused by a medical professional. However, there are some injuries that occur more often than others. The most common types of medical negligence cases include those involving:
Birth related injuries apply to any injury to the infant or mother that occurs during the delivery process. There are several different ways that these injuries can occur. These injuries may be a result of:
- Improper use of delivery assistance tools like forceps or vacuum causing harm to the infant or the mother
- Failure to initiate a C-Section in time leading to the harm of the infant or the mother
- Failure to administer labor-inducing drugs when necessary
- Delayed or prolonged labor that harms infant or mother
- Failure to care for mother properly after delivery leading to internal bleeding or infection
- Improper care of the infant directly after birth leading to injury or infection
Birth injuries can have life-long impacts on the infant and the mother. Many infants that are harmed during the delivery process will require continual medical care. If you believe that anyone that participated in the delivery process has caused harm to you or your infant, it is crucial that you contact a medical negligence attorney.
Failure to Diagnose or Misdiagnosis
When a patient is not diagnosed correctly for a medical condition, and that results in harm, the medical professional can be held responsible for those injuries. Failing to diagnose a condition because of a lack of use of available resources is negligence.
Misdiagnosis can also lead to harming the patient. Doctors are encouraged to refer patients to a specialist if they are not able to diagnose an illness with the resources they have available. A misdiagnosis can lead to serious harm or shortening of the life of the patient.
Surgical Errors including Infections
There are many errors that can happen during a surgical procedure that could lead to harm to the patient. Everyone has heard of the stories of surgeries that occur on the wrong body part, but this is not the only type of injury that can occur. Errors can happen from instruments used, techniques used, or poor skills of the surgeon.
Aftercare of the patient is just as important. Infections that occur while still in the care of the hospital or care facility could be the result of negligence. These facilities have an obligation to make sure that patients in their care are not subjected to infections or cross-contamination from other patients.
Prescription errors can lead to serious harm to the patient. These errors can happen in a variety of ways, including:
- Prescribing the wrong dosage of medication or the wrong amount of times to take per day
- Prescribing medication that conflicts with medications currently being taken by the patient
- Administering the wrong medication or wrong dose to the patient in a hospital or care facility
- Filing the wrong prescription
- Prescribing the wrong medication
- Not properly explaining the risks and side effects of a drug so the patient can make an informed decision about the medication before using
Prescription errors can happen in the hospital or a care facility, at the doctor’s office or at the pharmacy. Taking the wrong medication can have serious side effects and cause injuries to the patient.
Other Injuries Can Occur
Other types of injuries can occur during medical care. Injuries caused by dental treatments, chiropractic treatments, and eye care also can qualify under medical negligence. Pharmacists can also be held responsible for negligence if they incorrectly fill a prescription or allow one to be dispensed incorrectly without their approval. If you believe that you have been injured during any treatment with one of these medical practitioners, contact a medical negligence attorney.
Outcome Versus Injury
Many people believe that a poor outcome to their medical care is a medical error or injury. It is important to understand that poor outcome is not necessarily negligence. Every medical procedure has risks, and there are never any 100 percent guarantees of success for medical treatments.
Medical negligence only happens when the medical care provider fails to provide care that meets the accepted standards of the medical profession. This failure must then lead to injuring the patient physically. It is only when an injury occurs that the doctor or care provider can be held liable for medical negligence.
Speak to an OKC Medical Negligence Lawyer
Medical malpractice is a very serious form of negligence. The effects of malpractice can have lasting effects on the patient. For some patients, the injuries may even be permanent, leading to a change in the entire lifestyle of the patient. It is only right that these medical practitioners be held responsible for their actions.
Working with an attorney can help you build a solid case for compensation. Your injuries that are a result of medical negligence should not be overlooked just because the legal system is quite complicated concerning these matters. Working with an attorney will alleviate many of these problems and allow you to seek the compensation you deserve for your injuries and losses.