We often rely on doctors and medical staff for our health and wellbeing, however, even doctors and their staff can make mistakes. Medical malpractice affects thousands of families every year. When a doctor misdiagnoses you or a family member or makes a grave medical error, there are legal actions that you can take.
But how do you know if a loved one, did indeed, die of medical malpractice? How can their death be further investigated and what steps should you take, from a legal standpoint, in order for justice to be served? Below we’ll provide information on medical malpractice examples, additional steps to investigate a wrongful death, and when to contact a medical malpractice lawyer.
What Is Medical Malpractice?
Medical malpractice is a negligent act that is committed by a healthcare provider that results in harm, injuries, or death to a patient. Forms of medical malpractice include medication errors, misdiagnoses, surgical mistakes, and failure to diagnose.
A portion of these mistakes are completely avoidable, and in these cases, the injured patient can sue for medical malpractice. In cases of wrongful death, it’s possible that medical malpractice is the underlying cause.
Signs of Possible Malpractice
It’s extremely important to recognize signs of possible medical malpractice for patients who believe that there was an error made with their healthcare. Fully understanding the warning signs can help you identify possible negligence. Once you suspect medical errors were made, you can always get a second opinion and/or legal advice. Below are potential signs of malpractice:
- Excessive or unnecessary treatments — You or a loved one underwent procedures, treatments, or tests that did not contribute to care.
- Surgical Errors — When unidentified errors made during surgery result in additional symptoms which are unrelated to the original medical issue.
- Inadequate aftercare —Follow-up visits are crucial for surgery or treatment recovery. Providers must monitor patients to make sure that there are no complications and that the prescribed medication is working. A lack of follow-up care may be a sign of medical malpractice.
- Worsening health conditions —If a patient’s condition doesn’t improve after following a doctor’s orders — or get worse — it can be a telling sign of medical malpractice.
- Lack of informed consent— Doctors and healthcare providers are obligated to explain risks, possible outcomes, and alternatives to procedures, in order to obtain patients’ consent.
- Poor communication — If the medical team fails to communicate effectively with the patient or the family of a patient, this may indicate a lack of diligence or attention.
- Not enough treatment —A doctor’s failure to order proper treatment that is aggressive enough for serious illness to occur; it may be a sign of medical malpractice.
- Lack of monitoring —If a medical professional fails to monitor a patient’s condition adequately — especially during treatments or after surgery is performed — they may be negligent or facing malpractice.
Delayed Diagnosis, Medication Errors & Misdiagnosis
In some cases, a delayed diagnosis can mean the difference between life and death. Reasons for a delayed diagnosis include failure on the doctor’s part to order more than basic lab tests, or a misdiagnosis, misinterpretation of test results, and/or inadequate communication among healthcare staff.
According to Johns Hopkins, over 790,000 Americans die or are permanently disabled by medical diagnostic errors every year. In cases of misdiagnoses, the wrong treatment plan may result in adverse side effects. Additionally, the patient’s actual ailment is left untreated and has the ability to get worse.
If a doctor prescribes the wrong dosage or the wrong medication altogether, it may cause injury or even death. Overprescribing medications often has detrimental effects. Under-prescribing is yet another possible medication error that may lead to a malpractice lawsuit. Additionally, a failure to consider allergies when prescribing medication can also be a sign of negligence.
Steps to Investigate the Death Caused by Medical Malpractice
If you suspect that your loved one’s death was the result of medical malpractice, you should take these steps into consideration:
- Contact a qualified medical malpractice attorneyto evaluate your case.
- Next, gather all medical records related to the procedure that was performed, and their treatment before and after the injury.
- Keep detailed records of all communication, test results, and expert opinions to build a compelling case.
- Have your case evaluated by a medical expert within the same specialty to confirm whether the injury or death was caused by negligence of the healthcare provider.
When to Contact an Attorney
When injuries and death are attributed to medical malpractice, justice needs to be served. If you or a loved one has experienced medical malpractice, seek the help of an expert medical malpractice lawyer. Contact Lipinski Law for a free, confidential consultation. Let us help you navigate the complexities and secure the compensation that you deserve.
