When we visit a doctor or a hospital, we trust these professionals to take care of us. Most of the time, they do an amazing job. But sometimes, mistakes happen. And when they do, it’s called “medical malpractice.”  

Medical malpractice might sound like a complicated term, but it’s simply understanding that when a healthcare professional makes a mistake that harms a patient, the patient can get help or compensation for their trouble. It is essential for the public to be aware of this, as it equips individuals with the necessary knowledge to respond should they or someone they know encounter such circumstances. 

There are numerous ways medical malpractice can manifest, but this discussion focuses on the five most common types. These errors frequently occur in the provision of medical care. By understanding these common mistakes, individuals can be more vigilant during their own medical treatments. The intent is not to instill fear; the majority of doctors and nurses strive diligently to ensure patient safety and health. However, being informed is always beneficial.

1. Understanding Misdiagnosis and Delayed Diagnosis in Medical Practice

Misdiagnosis or delayed diagnosis occurs when a healthcare professional gives an incorrect diagnosis or fails to diagnose a condition in a timely manner. This can lead to inappropriate treatment, delayed treatment, or no treatment at all, potentially causing harm to the patient.  

Example: Imagine a patient visits a doctor with symptoms that are indicative of a specific type of cancer, but the doctor diagnoses it as a less serious condition. As a result, the correct treatment is delayed, allowing the cancer to progress to a more advanced stage. This could significantly affect the patient’s prognosis and overall health. 

Impact: The consequences of misdiagnosis or delayed diagnosis can be severe and long-lasting. They can lead to a worsening of the condition, unnecessary medical procedures, increased medical costs, physical and emotional distress, and in the worst cases, irreversible damage or death. 

Preventive Steps for Patients: 

• Always seek a second opinion, especially for serious diagnoses. 
• Keep detailed records of your medical history and symptoms. 
• Communicate clearly and effectively with healthcare providers. 

It’s important to remember that not all incorrect or delayed diagnoses are due to malpractice. To prove malpractice, it must be shown that the healthcare provider acted negligently and that this negligence directly caused harm. The role of a skilled personal injury attorney is crucial in navigating these complexities and in helping victims seek justice and compensation for their suffering.

2. Surgical Errors Are Almost Always Due to Negligence

Surgical errors occur when a surgeon or surgical team acts negligently during an operation, leading to preventable harm to the patient. Surgical errors can range from operating on the wrong body part to leaving surgical instruments inside the patient’s body. 

Example: Imagine a scenario where a patient undergoes surgery for a hernia repair. However, due to miscommunication in the surgical team, surgery is performed on the wrong side of the abdomen. This not only subjects the patient to unnecessary surgical trauma but also leaves the actual hernia untreated, requiring another operation. 

Impact: The repercussions of surgical errors can be profound and multifaceted. 

• Physical Harm: Unnecessary pain, prolonged recovery, infection, or even permanent disability or disfigurement. 
• Emotional and Psychological Distress: Trauma, anxiety, loss of trust in medical professionals. 
• Financial Burden: Additional medical bills, lost income, and potential long-term care costs. 

Preventive Steps for Patients: 

Patients can take several steps to minimize the risk of surgical errors: 

• Informed Consent: Ensure that you understand the specifics of the surgery, including what will be done, the risks involved, and the expected outcomes. 
• Verify with the Surgical Team: Before the surgery, confirm with the surgeon and the surgical team about the specifics of the procedure, including the exact site of surgery. 
• Choose Experienced Surgeons and Facilities: Research the credentials and experience of both the surgeon and the healthcare facility. 
• Health History and Medications: Provide the surgical team with a complete health history and a list of medications to avoid potential complications. 
• Post-Op Care Instructions: Understand and strictly follow post-operative care instructions to avoid complications. 

If you are the victim of a surgical error, contact an experienced personal injury attorney as soon as possible. There are time-sensitive matters to consider, and a personal injury attorney can begin the process of serving the doctors, surgeons, and healthcare facilities who failed you. They can ensure that your claim for compensation is not undervalued. They will work diligently to advocate for you.  

3. Understanding Prescription Drug Errors in Medical Treatment

Prescription drug errors involve mistakes in prescribing, dispensing, or administering medications. These errors can occur due to various factors such as miscommunication, incorrect dosage, or prescribing the wrong medication. They are a serious concern in healthcare, as they can lead to adverse drug events and significant harm to patients. 

Example: Consider a situation where a patient is prescribed a medication for high blood pressure, but due to a misinterpretation of the doctor’s handwriting, the pharmacist dispenses a medication intended for heart arrhythmia. The patient unknowingly takes the wrong medication and experiences adverse side effects, and their blood pressure remains uncontrolled, potentially leading to severe complications. 

Impact: The consequences of prescription drug errors can vary from mild discomfort to severe health complications, and in extreme cases, even death. They can lead to: 

• Adverse Drug Reactions: Unintended side effects or reactions, some of which may require hospitalization. 
• Worsening of Health Conditions: Ineffective treatment for the intended condition can result in its progression. 
• Psychological Impact: Loss of trust in the healthcare system, anxiety, and stress. 

Preventative Steps for Patients: Patients can take several proactive steps to reduce the risk of prescription drug errors. 

• Clear Communication: Ensure that your doctor knows all the medications, including over-the-counter drugs and supplements, you are currently taking. 
• Understand Your Prescription: Ask your doctor to explain the purpose, dose, and side effects of the prescribed medication. 
• Double-Check at the Pharmacy: Verify the medication at the pharmacy, ensuring it matches what your doctor prescribed. 
• Read the Labels and Instructions: Always read the labels and follow the instructions carefully. If you notice any discrepancies or have questions, consult your pharmacist or doctor immediately. 
• Keep a Medication List: Maintain an up-to-date list of all medications you take and share this with every healthcare provider you visit. 

Being informed and vigilant about medications is crucial for patients. However, if a prescription drug error occurs and causes harm, it may be necessary to consult with a medical malpractice attorney to discuss potential legal remedies for the damages suffered.

4. Understanding Childbirth Injuries and Their Legal Implications

Childbirth injuries, in the context of medical malpractice, refer to harm that occurs to either the mother or the baby during the process of labor and delivery. These injuries can result from negligent prenatal care, errors during childbirth, or inadequate postnatal care. 

Examples: 

• Injury to the Mother: A common example is a severe perineal tear during delivery, which may occur if the delivering healthcare provider fails to perform necessary interventions, such as an episiotomy, in a timely or correct manner. This can lead to long-term complications like incontinence, infection, or chronic pain. 
• Injury to the Baby: One example is brachial plexus injury, which can happen if excessive force is used during delivery, especially in a difficult birth or with a large baby. This may result in temporary or permanent nerve damage, affecting the baby’s arm movement. 

Impact: The impact of childbirth injuries can be profound, and it is highly recommended to speak with an experienced personal injury attorney to help you navigate the claim. They will advocate for you and your baby.  

• Physical Consequences: Long-term health issues, such as chronic pain for the mother or physical disabilities for the child. 
• Emotional and Psychological Trauma: Significant emotional distress, including post-traumatic stress disorder (PTSD), especially if the injuries could have been avoided. 
• Financial Burden: High medical expenses for ongoing treatment, rehabilitation, or additional surgeries. 

Preventative Steps for Patients: 

• Regular Prenatal Care: Regular check-ups can help identify and manage potential risks before delivery. 
• Birth Plan: Discuss a detailed birth plan with your healthcare provider, including interventions in case of emergencies. 
• Choose Experienced Care Providers: Select a hospital and healthcare team with a good track record in managing complex deliveries. 
• Informed Decision-Making: Be informed about the potential risks and benefits of different delivery methods (e.g., natural, cesarean). 
• Postnatal Care: Ensure both mother and baby receive appropriate postnatal care to identify and treat any complications early. 

Childbirth injuries are a sensitive area of medical malpractice. If an injury occurs due to the negligence of a healthcare provider, it is advisable for the affected party to consult with a legal expert specializing in medical malpractice to explore their rights and options for compensation.

5. Understanding Anesthesia Errors and Their Medical Implications

Anesthesia errors in medical practice refer to mistakes involving the administration of anesthesia during surgical or medical procedures. These errors can be due to various factors such as improper dosage, incorrect administration technique, or failure to monitor the patient’s vital signs. 

Example: A patient might receive an excessive dose of anesthesia, leading to prolonged unconsciousness or complications such as respiratory distress. Conversely, an underdose can result in the horrifying experience of waking up during surgery, known as anesthesia awareness. Another example is failure to monitor. If the medical team fails to adequately monitor a patient’s vital signs while under anesthesia, this can lead to severe consequences like brain damage or even death, particularly if the patient’s oxygen levels fall too low. 

Impact:  

• Physical Harm: This may include brain damage due to lack of oxygen, heart complications, nerve damage, or even death in extreme cases. 
• Emotional and Psychological Trauma: Experiencing awareness during surgery or suffering from unexpected side effects can lead to significant emotional distress, including PTSD. 
• Financial Burden: Correcting the damage caused by anesthesia errors often requires additional medical treatment, leading to increased healthcare costs. 

Preventative Steps for Patients: 

Patients can take several steps to reduce the risk of anesthesia errors. These include: 

• Medical History Disclosure: Provide your anesthesiologist with a comprehensive medical history, including any allergies, previous reactions to anesthesia, and current medications. 
• Discuss Anesthesia Options: Understand the types of anesthesia that will be used and discuss any concerns or questions with your anesthesiologist. 
• Pre-Operative Instructions: Follow all pre-operative instructions, such as fasting, to reduce risks of complications during anesthesia. 
• Choose Experienced Professionals: Ensure your surgery is being conducted in a reputable hospital or surgical center with experienced anesthesiologists and surgical teams. 
• Post-Operative Care: After surgery, follow all post-operative instructions and be alert to any signs of complications that may arise from anesthesia. 

Anesthesia errors, while rare, can have grave consequences. It’s important for patients to be well-informed and proactive about their care. In cases where an anesthesia error leads to injury, consulting with a medical malpractice attorney can help determine if there was negligence and whether compensation is warranted for the harm caused. 

Empowering Yourself in the Face of Medical Malpractice 

When seeking medical treatment, immense trust is placed in healthcare professionals. There is an expectation that one will always receive high standards of care; however, that is not always the case. While the majority of medical procedures are conducted successfully, there are instances where things go wrong, leading to what is known as medical malpractice.  

Understanding these common forms of medical malpractice is not about fostering distrust in healthcare providers but about empowering patients with knowledge. Being informed enables individuals to advocate for themselves or loved ones and take preventative steps to reduce risks. However, in cases where medical malpractice does occur, it is crucial to understand that you are not powerless. 

Seeking the expertise of an experienced personal injury attorney can be a decisive step in such situations. These legal professionals specialize in navigating the complexities of medical malpractice cases. They can help in investigating the incident, gathering necessary evidence, and advocating for rightful compensation for the harm suffered. An attorney’s role is not just about seeking financial restitution but also about ensuring accountability and promoting safer medical practices. 

While we hope never to encounter a medical malpractice situation, being informed and prepared can make a significant difference. Remember, in the face of medical errors, empowering yourself with knowledge and the support of a skilled personal injury attorney is essential to seeking justice and healing. 

Coretta Anthony-Smith

Coretta specializes in handling various insurance disputes and personal injury cases, holding licenses to practice law in all Florida counties and federal courts. Actively engaged in legal committees and community service organizations, Coretta is dedicated to making a positive impact both in and out of the courtroom. Additionally, she was a contributing editor on the Tenth and Eleventh Editions of The Florida Bar’s, Florida Automobile Insurance Law, No-Fault Insurance (2018 and 2019).