Medical Malpractice Claims: How to Assert Your Rights
Each year, thousands of medical malpractice claims are filed in the U.S. California ranks 19 among the states for annual claims among one million residents. It takes the 27th spot for annual claims per 100 practicing physicians.
Top 5 Medical Malpractice Claims
According to the National Trial Law website, the top 5 medical malpractice claims made against practitioners result from incorrect diagnoses (33%), surgical errors (23%), treatment mistakes (18%), obstetric oversights (10%), and errors made during the administration of medications or anesthesia (10%).
AMA Ethics and Standards
The American Medical Association (AMA) establishes strict guidelines on patient care, outlining the ethics that doctors should uphold in the practice of medicine. These ethics extend to medical malpractice as they signify whether or not a physician is guilty of negligence.
For example, the AMA asserts, under the Code of Medical Ethics Opinion, 1.1.1, that the patient-physician relationship is one based on trust. Therefore, it’s a doctor’s obligation to place the patient’s well-being and welfare above his or her own self-interests or responsibilities to others. This means that a medical practitioner must use sound medical judgment concerning a patient’s care as well as support the patient’s welfare with the same regard.
Therefore, a medical malpractice lawsuit is a serious matter. Even with precautions in place, hospitals still can’t avoid lawsuits. Therefore, these types of claims continue to dominate the legal terrain.
Basically, medical malpractice claims represent activities that violate established medical standards and practices. Besides doctors, nurses and other medical professionals may be held liable for negligence.
Negligence happens any time when a medical professional makes a diagnostic error, ignores a patient’s symptoms or condition, or fails to take the proper measures during patient care.
Claims Against Third Parties
In cases of surgical oversights, you may be able to sue a third party. For example, if you were injured because of the poor quality of prosthesis, you may be able to make a claim against the manufacturer. This type of medical malpractice claim falls under the following category of defective equipment or supplies.
Defective Medical Equipment or Supplies
This category may include unsterile equipment, for instance, or a malfunctioning heart valve. In some cases, the equipment may work but may be surgically added when it’s not needed. For instance, if a heart valve is implanted in a patient with heart problems and it’s the wrong type of prosthesis, the patient or family has a right to make a claim.
One Case in Point
One medical malpractice case reflects this type of claim. The account, which comes from the Minnesota Case Report files, states that a farmer, 49 years of age, had a diagnosed heart murmur since his teen years.
Medical testing showed that the patient had aortic insufficiency and hypertrophy in the left ventricle as well as calcification and moderate aortic stenosis (narrowing of the valve). The aorta represents the large artery that runs from the lower chamber of the heart or its left ventricle.
Because this condition prevented the heart from opening properly, the treating physician felt the patient was a good candidate for bypass surgery, or an aortic heart valve replacement. However, during surgery, the aortic valve had been sized incorrectly and an aortic prosthesis was not available in the correct size. The doctor replaced the defective valve with a mitral prosthesis instead.
After the procedure, blood flow was poor and it was found, after another procedure, that the mitral valve was incorrectly placed and needed to be turned around. The physician removed the valve and used a smaller aortic valve instead. Because this required a second cross clamp, the patient suffered an acute myocardial infarction (heart attack) and died.
After this case was filed, the claimant received a settlement of $1,300,000.
Inadequate Medical Training
Some medical lawsuits against healthcare providers may involve inadequate training. Unfortunately, a lack of training leads to substandard care, which, in turn, may harm a patient. Below are examples of inadequate training.
- Incorrectly reading a monitoring device, such as a heartbeat monitor
- Administering the wrong dose of a medication
- Injuring a patient after using the wrong transport or lifting technique
- Incorrectly caring for wounds
- Amputating the wrong body part
- Administering anesthesia incorrectly
- Failing to diagnose a condition during a medical exam
- Not washing the hands before wound care
- Not treating an infection
Negligent Supervision or Patient Management
A healthcare provider should be mindful of their patient’s condition at all times. They also must take the time needed to fully examine a patient to understand their unique healthcare requirements. After the exam, the doctor is responsible for managing the patient’s care carefully and properly. If he or she does not follow these standards, they can be held accountable for negligence.
Excessive Medical Treatments
Medical claims for malpractice arise, as well, when the care deviates from a proper treatment standard. For example, performing procedures or treatments that are unnecessary can lead to a medical malpractice lawsuit.
Get Legal Help for Filing a Medical Malpractice Lawsuit Now
If you feel you are in your right to file a medical malpractice claim, you need to do so immediately. To get the assistance you need now, contact the law firm of Jance M. Weberman. Call 213-386-9100 right away.