Common Types of Medical Negligence That Lead to Lawsuits 

Medical negligence can cause patients significant harm. When a healthcare provider fails to meet an accepted standard of care in this manner, it may constitute malpractice. Those facing negligent medical care should consult an experienced medical malpractice attorney in Mobile, AL, to learn more about their rights while pursuing compensation.  

Understanding the different types of medical negligence and how they can lead to major health and safety concerns for the patients involved is important. 

What Is Considered Malpractice? 

There are many things that must be proven to prevail in medical malpractice cases, and each case should be evaluated on its own facts to determine what needs to be proven. In some cases, to prove medical malpractice, one must provide, possibly amongst other things, evidence that a medical professional owed the patient a duty of care and violated this duty, directly harming the patient. In this context, the duty of care means that the physician is responsible for diagnosing or treating the patient. A violation of this duty means the physician acted out of line with what any professional in the field would reasonably do.  

The most common examples of medical negligence are:  

Misdiagnosis 

Many medical malpractice cases are related to misdiagnosis or delayed diagnosis. When a physician fails to recognize and diagnose a condition promptly or diagnoses it incorrectly, it may be considered a misdiagnosis. These errors may delay treatment or subject patients to the wrong forms of treatment, causing them serious harm. 

Conditions frequently facing misdiagnosis include cancer, heart issues, and infections. Chronic illnesses that affect the immune system and women’s health issues may also be misdiagnosed.  

When patients experience significant delays until they receive the proper treatment, it can lead to worsened health outcomes and a decreased chance of survival.  

Failure To Treat 

Sometimes, doctors correctly diagnose their patients but fail to provide appropriate treatment. Their faulty recommendations or inadequate treatment plans can lead to worsened disease progression, fewer treatment options, and worse outcomes overall.  

Surgical Errors 

Another reason for a malpractice suit is surgical mistakes. These can cause major health issues and wrongful deaths. Some examples of surgical errors may be: 

  • Operations on the wrong body part 
  • Incorrect procedures  
  • Leaving surgical instruments or contaminants inside the patient 
  • Procedures that cause unnecessary and excessive damage to surrounding tissues 

These mistakes may lead to major complications that require additional surgical intervention.  

Medication Mistakes 

Errors during medication administration may also be reasons for a medical malpractice lawsuit. Medication mistakes may involve: 

  • Prescribing the incorrect medication or dosage 
  • Improperly inventorying a patient’s current medication and failing to account for hazardous interactions 
  • Administration errors and unsafe practices 

Medication issues can have severe consequences and leave patients in jeopardy.  

Birth Injuries 

Traumatic births may be another reason for medical negligence cases. These situations can cause significant injury to the mother and child, leading to lifelong disability and even death in some cases. Some birth injuries may be due to: 

  • A failure to perform a C-section in a timely manner or unsafe practice during this intervention 
  • Failure to monitor the mother or fetus for distress 

Anesthesia Errors 

Anesthesia errors may involve the administration of too much or too little anesthesia drugs and a failure to monitor vital signs properly. 

Emergency Room Issues 

These may include:

  • Failing to recognize a stroke or heart attack 
  • Premature discharge of patients 
  • Missing the signs of a critical condition 
  • Failing to conduct the right tests 
  • Emergency medication mix-ups 

These dangerous situations can escalate an emergency further and may be grounds for medical negligence claims. 

Radiology Mistakes 

Mistakes in interpreting X-rays or other scans can cause doctors to miss diagnoses and suggest the wrong treatment plans. These errors are potentially dangerous and could serve as a basis for a malpractice lawsuit. 

When To Find Legal Help 

If you have experienced harm due to medical negligence, it is important to seek legal assistance as soon as possible. An experienced attorney can help victims of medical malpractice navigate insurance claims, collect evidence, and negotiate settlements.  

Working with an attorney can make it easier for malpractice victims to navigate the stressful aftermath of medical negligence and seek compensation for damages such as: 

  • Medical treatment expenses 
  • Pain and suffering
  • Mental anguish
  • Loss of wages 

Consult Jackson & Foster Law About Your Medical Negligence Case 

Jackson & Foster Law may be able to offer legal counsel to those who have experienced common types of medical negligence. Our experienced attorneys can assist you with filing claims against a physician or hospital and suing for medical malpractice. We can help you gather the necessary documents and evidence with the goal of pursuing fair compensation based on your damages.  

We aim to streamline the process of pursuing damages in the stressful aftermath of medical malpractice, reducing some of the burden and ensuring your claims are legally sound. 

Act quickly after experiencing medical negligence to avoid the statute of limitations running out. Call 251-433-6699 to schedule a consultation today. 

How To Know If You Have a Medical Malpractice Case

How can you tell if you should consult a medical malpractice attorney in Mobile like Jackson & Foster Law? Taking legal action against healthcare providers has its challenges, particularly if your claim doesn’t meet basic legal standards. This guide offers some insight into how to know if you have a medical malpractice case. 

Common Reasons Why People File Medical Malpractice Lawsuits

Healthcare professionals may make mistakes on occasion, which can have a major impact on their patients. Negligent medical treatment is at the center of medical malpractice lawsuits for affected patients seeking financial damages, such as lost wages or medical expenses. Common issues these cases may focus on include:

  • Misdiagnosis or delayed diagnosis
  • Surgical errors
  • Infections after treatment
  • Inadequate monitoring 

If you or a loved one has been subject to malpractice, you may have the grounds to pursue legal action. Consult an experienced personal injury lawyer to explore your options. 

Key Elements Lawyers May Look for in a Medical Malpractice Case

When you explain your situation to a legal professional, they may focus on four essential components to determine whether you have the grounds to sue your healthcare provider. Each case should be evaluated on its own facts, but here are a few things lawyers may look for during the evaluation:

  1. A duty of care: As a patient, the providers treating you have a duty of care. 
  2. A breach of standard of care: A doctor or healthcare provider could breach their duty of care if they act differently than other similarly situated medical providers would in the same situation. For example, if a doctor misses a diagnosis because they don’t order the appropriate tests and those in the field agree they should have, it could qualify as a breach of duty. 
  3. Negligence caused the patient harm: Lawyers look for causation in malpractice cases. Victims may need to establish that a provider’s negligence harmed them either physically or emotionally. 
  4. Sustained damages: Victims must incur damages from a healthcare professional’s negligent actions, such as medical expenses or lost wages. 

How do these criteria come together to create a valid case? For example, consider a patient who visits their primary care physician with concerns about a growing lump on their body. The doctor tells the patient it’s likely fatty tissue and doesn’t order diagnostic tests or schedule follow-up visits to monitor any changes. If the lump ends up being a cancerous mass requiring extensive treatment, the patient may be able to file a lawsuit against their primary care physician. 

In this case, the doctor may have owed their patient a duty of care and may have breached it by not following the diagnostic steps that a competent provider in a similar situation might have taken. This negligence impacts the patient’s health, and they may sustain measurable damages by undergoing further medical treatment. 

The Importance of Patient Injury Evidence in Medical Malpractice Cases

An attorney practicing in this area of law may be able to explain how to know if you have a medical malpractice case. They may also review evidence that supports your claim and compile it to strengthen your case. Potential evidence used in malpractice suits includes:

  • Medical records: Patient records may document their health conditions, symptoms, and treatment from healthcare providers. They may include lab tests, diagnostic scans, and more.
  • Professional testimony: Industry professionals can weigh in on the case and share whether they’d act in the same way as the defendant or take a different approach to their duty of care. 
  • Witness statements: Statements from clinical staff, a patient’s loved ones, or other eyewitnesses could support the patient’s claim. 
  • Medical bills: Hospital bills and other healthcare expenses related to a provider’s negligence may be helpful for determining damages in this type of lawsuit. 

Evidence is crucial for building a compelling case and demonstrating the extent of damages. 

When Should You Consider Filing a Lawsuit Against a Healthcare Provider?

If you’re wondering how to know if you have a medical malpractice case, it’s important to discuss your situation with an experienced lawyer practicing in this area of law. Legal counsel can review your options and guide you through the process. Below are some scenarios that raise legal concerns regarding malpractice. 

You Experience Complications After Treatment

Healthcare professionals usually warn patients of the risks that may occur with any course of treatment. If you endure a serious complication that was not expected, it could be due to a practitioner’s mistake. 

Your Doctor Never Follows Up

As part of your doctor’s duty of care, they may need to follow up with you accordingly. What if you let them know that you’re experiencing new symptoms, and they don’t continue to monitor your condition? This could be seen as a breach of the standard of care and warrant legal action. 

The Facility Is Understaffed

Negligent medical treatment could stem from an understaffed hospital or healthcare facility. If there aren’t enough providers to care for patients, they may unintentionally be negligent in their care. 

Consult Jackson & Foster Law for Legal Advice Regarding Malpractice Lawsuits

Suing for medical malpractice can be complex. At Jackson & Foster Law, we may be able to help you navigate the process and review the details of your case to explore your legal options. Our experienced attorneys may be able to explain how to know if you have a medical malpractice case and recommend your next steps based on your unique circumstances. 

Contact our firm online or call (251) 433-6699 to schedule a consultation.