Medical malpractice is more common than you may think.
If anything, when doctors and large hospital systems make major mistakes such as a misdiagnosis or a botched surgery, they try to not take responsibility. If anything, these companies want to put their profits and not take responsibility for their negligent doctors and medical professionals.
According to the NIH, medical malpractice law was developed by rulings in various state courts, as the legal system was designed to encourage extensive discovery and negotiations. In addition, there are four legal elements to be proven, which include:
- A Duty of Care
- The Breach of The Duty of Care
- An Injury Caused By the Breach
- Resulting Damages
By proving these four elements in a court of law, that can increase someone’s chances of winning a lawsuit and gaining monetary compensation. In addition, there are also a number of medical errors that are common in the United States.
So what are the most common medical errors that happen within hospitals? They are:
Imagine you need to get surgery for your recently torn ACL after playing soccer.
The doctor performs the procedure, and all of a sudden, you find out that they botched the surgery and now you have more medical problems than before.
A surgical error is an injury that is caused by a mistake made during a surgical procedure that could have been avoided through proper training and procedures. In addition, there are over 4000 surgical errors that occur in the United States every year.
Another common source of a surgical error is operating on incorrect body parts, along with the use of unreliable systems that may be outdated.
Fortunately, these errors can be prevented through these simple actions:
- Properly staffing hospital systems
- Having proper preoperative assessments
- Not using digital devices, such as phones when caring for a patient
Misdiagnosis or Delayed Diagnosis
Doctors have a responsibility to properly diagnose their patients. Period.
There is no room for a doctor to make an incorrect diagnosis because the wrong diagnosis can result in exorbitant costs to the patient that can be unnecessary. Furthermore, these actions can cause emotional distress on the patient and their families.
A misdiagnosis is defined as “an incorrect diagnosis of an illness or another problem”. On the other hand, a delayed diagnosis is when a patient asks for medical assistance and their condition is not diagnosed by a doctor for a reasonable amount of time.
Unsurprisingly, medication errors are common practice.
Giving the patient the wrong medication can potentially result in unpredictable symptoms, or even death. Last May, RaDonda Vaught, a former nurse at Vanderbilt University Medical Center gave a patient the wrong medication by accident, and it resulted in the death of 75-year-old Charlene Murphey.
How did a tragedy such as this one happen? According to Wright, it was just a simple mistake. But this mistake cost someone’s life. Someone who has a family and loved ones. Taken by those who claim to care for us.
How Long Do I Have To File A Medical Malpractice Claim
You now might be curious about how long you have to file a claim.
Well, it depends.
The statute of limitations varies by state, but for most claims, it is usually between two to three years. This law means that you have two years to file a lawsuit against a hospital system for those who are negligent against you.
But who can help you file a lawsuit? Fortunately, an experienced Westchester County personal injury attorney. A lawyer can help you protect your rights as they know how to fight against the hospital systems that are negligent against you.
Be Aware of Your Rights
In summary, some of the most common types of medical malpractice include surgical errors, misdiagnosis, and medication errors.
By understanding your rights and what to do if there has been an improper diagnosis, you can hire a lawyer who knows what they are doing. Remember that it is always most important to seek justice against those who have wronged you.