What is Medical Malpractice?

Every year, tens of thousands die because of medical mistakes, some of which are preventable.  When a medical mistake comes from the negligence of a caregiver and serious permanent injury results, it is called medical malpractice. No medical professional wants to hurt a patient, but despite best efforts, mistakes do happen.

How Does it Happen?

Mistakes in emergency rooms are common. Patients may wait several hours for care when there are not enough doctors and nurses on staff.  Surgical or anesthesia errors are another source of problems. Mistakes in pre-operative planning or care, lack of surgical experience and incorrect incisions may cause serious injuries and even death.

One of the most common ways that medical mistakes are made is through medication errors. Patients may be prescribed the wrong medicine or dosage. Even when the prescription is right, the pharmacy may make a mistake in dispensing the right medicine or the correct amount.

Delayed and missed diagnoses are another common source of problems. Such mistakes are especially concerning in aggressive cancers like breast or colon cancer. Early and accurate diagnosis of cancer can be the difference between life and death for these patients. Inaccurate diagnoses can also lead doctors to order the wrong tests or fail to order the right tests.

Another common type of medical malpractice is birth injury. Birth injury can be the result of a doctor’s mistake or negligence prior to, during, or after the birth, resulting in injury or the death of a child. Common birth injuries caused by medical malpractice are fetal anoxia, shoulder dystocia, maternal or fetal infection. Cerebral palsy is one of the more serious birth injuries that can be caused by medical malpractice.

Nursing home abuse is unfortunately one of the fastest growing forms of medical malpractice in the United States. Approximately one-third of nursing homes today have reported cases of abuse. Nursing home abuse not only constitutes physical abuse, but also emotional, verbal, financial, psychological, and sexual abuse and neglect. Any form of neglect or abuse in a nursing home or patient care facility is considered medical malpractice.

Why Does it Happen?

There are many unfortunate reasons that cause medical malpractice to occur. Hospitals and doctors’ offices are places of business. They must balance the need to turn a profit with the need for patient safety. They must also prioritize the problems they tackle every day.

When medical institutions fail to manage their facilities properly, confusion can ensue. Poor organization results in poor communication and a higher instance of medical mistakes. Breakdowns in communication can result in patient information and medical orders being communicated incorrectly or missed entirely.

Many hospitals are understaffed, either because they cannot find enough employees to fill the openings or because they have limited budgets. This leaves the on duty staff overworked and under stress for long hours. They may forget to double check charts and patient names. They may write down the incorrect dosage or medication. Tired workers simply make more mistakes.

While residency programs help hospital maintain staff levels, they also deprive newly trained doctors of sleep. This tradition of trial by fire puts sleep-deprived, green doctors in charge of patient care. In their first year of residency, many new doctors report sleep deprivation as an almost daily occurrence. The rules allow doctors to work 30 straight hours before they must be given time off. Mistakes are inevitable in such circumstances.

Substance abuse and chemical dependence can be a problem as well. The high stress of the job coupled with easier access to drugs make medical professionals are more prone to addictive disorders than the general population. When doctors are under stress and taking drugs to manage the difficulty, they are more likely to make medical mistakes.
If you or someone you love has been the victim of a medical mistake that resulted in severe injury or death, contact Lamothe Law right away. We will talk with you about your case and your rights in a free consultation and case evaluation.