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The threshold from a medical error made during a procedure or a patient’s failure to respond well to treatment to reach the level of medical malpractice can be difficult to pinpoint. Proving medical negligence means establishing with a preponderance of the evidence that the medical provider deviated from the accepted standard of care and that you would not have been harmed if they followed proper treatment protocols for a patient presenting with your symptoms.
Whether you have grounds to file a medical malpractice lawsuit depends on the unique circumstances of your situation, but if one or more of the following criteria is present in your case, ask a Palm Beach Gardens medical malpractice lawyer for a case evaluation.
What is medical malpractice?
Medical malpractice is the failure of a medical professional (doctor, nurse, CNA, anesthesiologist, surgeon, etc.) to deliver the accepted standard of care for their position. To have a valid medical malpractice claim, you must be able to prove the following five elements:
- You had an established doctor-patient relationship
- The health care provider had a duty of care to give you appropriate medical treatment for your presenting symptoms and reported medical history
- They failed to meet the accepted standard of care (through negligence, oversight, or carelessness)
- This failure to meet the standard of care for their position (a breach of their duty of care) directly caused you harm
- You suffered actual damages (financial losses and diminished quality of life) as a result of this harm
It’s important to understand that not all poor outcomes qualify as malpractice. A bad reaction to treatment or an unexpected complication is not malpractice unless it stems from a breach of duty. The law compares the provider’s actions to what another medical professional with similar training would have reasonably done in the same situation.
This is where the line between medical negligence and medical malpractice becomes relevant. While both involve harm caused by a medical provider’s failure, malpractice typically refers to a more severe or obvious deviation from standard care that goes beyond an honest mistake and borders on recklessness or gross oversight.
If all elements of medical malpractice are present in your situation, then you have solid grounds to seek compensation for your medical expenses and other material losses, plus a fair amount for your pain and suffering.
Types of medical malpractice
Malpractice typically falls into one of three broad categories: An avoidable error in a procedure that harms a patient, indirect harm due to a failure to properly diagnose the patient, or harm caused by secondary conditions (like an unsanitary facility).
Surgical errors
Surgical errors are a common form of medical malpractice and one of the easiest to prove. They could have been easily avoided had the doctor, nurse, or other care provider followed proper protocols for performing the procedure. For example, if you are scheduled for a knee replacement for your left knee but receive surgery on your right knee, it’s fairly easy to prove there was a breach of the duty of care the hospital and doctors had for you.
Birth injuries generally fall into this category and can affect the mother, baby, or both.
Diagnostic errors
A missed diagnosis is the failure of the doctor to recognize your condition based on your presenting symptoms and medical history. If you aren’t accurately diagnosed, you could miss a valuable window for early intervention and end up worse off because of the delay in treatment.
Or, perhaps, you are diagnosed with a condition you don’t actually have. You could be subjected to invasive, painful procedures you don’t need! Meanwhile, the true condition you have could be advancing, which leaves you in a similar position as someone who wasn’t properly diagnosed initially: Missing the opportunity to have more options for curative care and a better chance of full recovery.
Hospital-acquired infections
Failure of a hospital or other medical center to follow proper sanitary and cleanliness standards, including those for employee and patient hygiene, creates conditions where infections can quickly spread to vulnerable patients. Patients may also develop infections such as catheter-related bloodstream infections or ventilator-associated pneumonia.
Medication errors
Mismanaged medication, failure to recognize negative interactions between drugs a patient is taking, or administering the incorrect dosage could have potentially deadly results. Or, if the medication is administered through the wrong route, i.e., orally instead of intravenously, then the patient would suffer an acute reaction.
How do you know if you have a medical malpractice case?
If you’re getting worse, instead of better, after a diagnosis, or if you suddenly develop new symptoms or an infection, there’s a good chance something went wrong with your medical care.
Talk to an attorney. They’ll likely have you seek a second medical opinion, have a professional review your medical records, or have you examined by medical experts to determine what went wrong. If medical experts agree that you didn’t receive the standard of care, you should have, or if it’s glaringly obvious that you suffered medical malpractice, like having surgery performed on the wrong body part, then you can file a suit to compensate you for all your medical bills, lost wages if you missed time at work, and pain and suffering and emotional trauma.
Speak with a Palm Beach Gardens medical malpractice attorney today
Have you or a loved one suffered harm due to a botched medical procedure or negligent care? You may have grounds to file a medical malpractice lawsuit. The first step is speaking with a trusted medical malpractice attorney who can guide you through a case evaluation and connect you with medical experts to review your records. Call Lytal, Reiter, Smith, Ivey & Fronrath at (561) 655-1990 for a free consultation.