
Medical malpractice lawsuits stem from professional negligence in healthcare delivery that results in patient harm. Proving negligence in a medical malpractice claim is complex and challenging, often requiring legal expertise to build a compelling case. It's important to note that not all instances of perceived harm constitute a valid claim. This guide outlines common errors made by healthcare providers and institutions, and situations where patients may be entitled to compensation.
Diagnostic errors, including misdiagnosis and delayed diagnosis, account for a significant portion of medical malpractice claims. Misdiagnosis occurs when a healthcare provider incorrectly identifies a patient's condition. Delayed diagnosis happens when providers fail to identify a condition in a timely manner, potentially allowing the patient's condition to worsen.
Medication errors can lead to patient harm through various mechanisms, including:
Medication toxicity
Severe drug interactions
Worsening of conditions due to incorrect prescriptions
Dispensing errors by pharmacists
Administration errors by nursing staff
Despite strict surgical protocols, errors can still occur due to factors such as miscommunication, inadequate training, or fatigue. Common surgical mistakes include:
Anesthesia complications
Wrong-site surgery
Wrong-patient surgery
Negligent post-operative care
Retained surgical instruments
Childbirth injury claims can arise from negligent complications during delivery or from errors occurring earlier in pregnancy, such as failure to identify congenital abnormalities or ectopic pregnancies. Potential grounds for a valid childbirth injury claim may include:
Failure to respond to fetal distress
Injuries to mother or child due to improper use of birthing equipment
Failure to perform a timely cesarean section when indicated
It's crucial to demonstrate that the medical error resulted in compensable harm to establish a valid claim.
“Proving a breach of duty poses a significant challenge in medical malpractice claims. You must show that provider fell short of what another professional with a similar level of training would have provided under similar circumstances,” says Toledo medical malpractice lawyer Carasusana Wall.
Engaging a medical malpractice attorney can significantly impact case outcomes. An attorney's role includes:
Gathering evidence
Connecting clients with expert witnesses to establish deviations from the standard of care
Negotiating settlements
Providing effective legal representation
Given the complexity of medical malpractice cases, seeking assistance from a trained Ohio medical malpractice attorney is advisable for those considering pursuing a claim.