Doctors spend at least a decade for them to get fully certified, some even take longer than that. During this part of their lives, all they do is learn and train so they can master the science of treating people and saving lives. Unfortunately, even with endless nights that turn into endless years of studying and experience, they are bound to commit at least one mistake in the entire duration of their medical career — whether they like it or not.
Medical Malpractice
Medical malpractice is the term used when a patient’s condition has worsened, remained untreated, or has led to death due to the medical institution’s or professional negligence and deviation from standard health care.
According to the research conducted at John Hopkins University College of Medicine, medical errors had become the third most leading cause of death in the United States since 2016 — with heart disease and cancer on the first and second spot, respectively. Results show that more than 250,000 patients every year die because of negligence committed by a medical practitioner. Most of the time, these errors were supposed to be preventable.
Surprisingly, malpractice lawsuits in the medical field are not uncommon. According to a study, approximately 85,000 medical malpractice lawsuits are filed every year in the U.S. On the other hand, more than 50% of medical practitioners have experienced receiving a lawsuit against them at least once during the entirety of their career. Based on the 2001 study of the Bureau of Justice Statistics, out of all these cases, only 27% of plaintiffs win the trial, which means favor is with the hospitals and medical staff most of the time.
Types of Medical Malpractice
There are different types of medical malpractice often committed by professionals. They vary from minor cases up to those which are detrimental.
- Misdiagnosis
Misdiagnosis or the failure to recognize and conclude the correct diagnosis on the patient’s condition is one of the most common kinds of medical malpractice. For misdiagnosis cases, the patient may be unable to receive necessary care because his or her disease was not recognized by the physician. It could also be a case of providing wrong treatments that have led to the disease worsening.
- Surgical Errors
Surgical errors include never events like leaving a scalpel inside the patient’s body. Another example is when surgeons accidentally injured or punctured a body part during the surgery that may lead to distress or infection.
- Medication Errors
Failure in providing the right medication to a patient is also considered medical malpractice. Nurses that have administered the wrong amount or kind of medicine can also be sued due to medication errors. Doctors can also fail to consider if the patient is allergic to the drug prescribed which may lead to complications. Medicine interactions may also be a reason for medication errors.
- Anesthesia Errors
The most common example of anesthesia malpractice is when the anesthesiologist failed to administer the correct amount of fluids that it caused brain damage, or worse, death. Overlooking risk factors when administering anesthesia can also be a ground for a medical malpractice lawsuit.
- Birth Injuries
Obstetricians, gynecologists, and other medical professionals involved during childbirths are those often filed against birth injury malpractice lawsuits. Failure to see underlying conditions before or during birth may cause severe complications both to the mother and the baby. Mistakes done by these practitioners during labor and delivery are also considered childbirth malpractice.
- Inadequate care
If the hospitals fail to attend to a patient on time that her or his condition have worsened, it could also result in malpractice. This often happens to clinics or hospitals that admit several patients more than what they can cater to.
- Dental and Psychiatric errors
These types of errors are less common but still possible. Psychiatric errors often occur when the psychiatrist misdiagnosed the patient. Dental error, on the other hand, may start from wrong dental procedures that harm the patient’s condition.
What does a Medical Malpractice Defense Lawyer do?
There are criminal defense attorneys who specialize in handling medical malpractice cases. Their main goal is to help the accused in building a case that proves he or she is not liable. Good attorneys would want you to be spared from a federal investigation in the first place. They also have the responsibility to make sure you avoid any criminal charges and win all your trials.
Attorneys will help in finding pieces of evidence as well as witnesses that could support your case. They can also communicate to your malpractice insurance providers to make sure that you exhaust all benefits you paid for.
Statistics show that a defendant has ten times more chances of winning their case if represented by a lawyer compared to those who are not. This means that if you are a medical professional and find yourself in this situation, hiring a medical malpractice defense lawyer is the better option.
How you can find a Medical Malpractice Defense Lawyer
- Ask for recommendations
Ask friends or colleagues if they know a medical malpractice defense lawyer that they can recommend to you. Recommendations are your best option since you already have an idea if the attorney is competent enough for your case.
- Search online
If you do not know anybody with a medical malpractice defense lawyer, searching online is the next best resort. Look for the best and most credible lawyers in your area. Attorneys nowadays have websites where they receive consultations.
- Contact potential attorneys
Contact multiple attorneys that can potentially be the best choice for you. Having options is good — that way you can gauge who among your choices are the most reliable and can help you the most. Ask the right questions. Your attorney must be able to explain to you your situation and the process that you are about to undertake. Always establish good communication.
Oberheiden P.C. has competent defense lawyers that specialize in cases involving medical practice. They have decades of experience defending doctors, nurses, dentists, physician assistants, etc., against lawsuits related to medical negligence and other issues regarding their practice. Their goal is to help these medical practitioners from losing their licenses, protect their reputation, avoid any criminal liability, charges, and win all jury trials. If you are looking for the best medical malpractice defense lawyer, Oberheiden P.C. offers a free consultation so you can talk to an experienced senior attorney about what they can do to win your case.
