When we place our trust in a healthcare provider, we expect to receive safe, accurate, and professional care. Unfortunately, medical mistakes can, and do, happen, and their consequences can be life-changing.
The effects of medical malpractice often extend beyond the immediate physical harm and can cause substantial emotional distress, financial strain, and long-term health complications. Understanding the most common types of medical malpractice is an important first step victims can take to protect themselves and their loved ones.
With the right legal insight, victims of malpractice can better understand their options for pursuing accountability, justice, and the compensation required to move forward.
This guide aims to break down the most frequent forms of malpractice claims, explaining how they occur and why they matter. While not every unfavorable outcome results from negligence, knowing the distinctions can help victims recognize when it’s time to consult with a medical malpractice lawyer in Johnson County.
What Is Medical Malpractice?
Medical malpractice exists at the intersection of healthcare and law, affecting patients, medical professionals, and the legal system alike. Given that most people will seek medical care at some point in their life, understanding what constitutes medical malpractice and the risks it presents is essential.
Medical malpractice occurs when a healthcare professional fails to provide appropriate care or acts in a manner that falls below accepted medical standards, resulting in harm to a patient. A simple mistake, inaccurate diagnosis, or error during a procedure does not always qualify as medical malpractice.
The 4 Elements of Medical Malpractice
To establish a medical malpractice case, 4 elements must be proven: a duty to the patient, negligence or breach of this duty, causation, and damages.
1. Duty to the Patient
A healthcare provider owes a patient the duty to act as a reasonably competent healthcare provider would under the same or similar circumstances to uphold the “standard of care”.
2. Negligence or Breach of Duty
Once a duty has been established, it is necessary to prove that there was a breach of this duty. A victim will often work with a medical malpractice lawyer in Johnson County to prove that a healthcare professional breached their duty by failing to meet the applicable standard of care.
3. Causation
The victim must be able to prove that the healthcare provider’s failure to meet the applicable standard of care directly caused the harm they suffered.
4. Damages
In a medical malpractice case, the victim must establish that damages result from the healthcare provider’s negligence. Specifically, they must demonstrate that the harm suffered and the damages incurred were a direct consequence of the provider’s breach of duty.
Such damages may include physical disfigurement or deformity, impairment of bodily or mental function, diminished earning capacity, or a reduced likelihood of recovery.
The Most Common Types of Medical Malpractice in Johnson County
Medical malpractice can take many forms, with certain types occurring more frequently than others. While malpractice affects only a small percentage of healthcare encounters in the United States, the sheer scale of the healthcare system, with millions of daily interactions, means that even a small fraction can have significant consequences for patient safety and well-being.
Medical errors are relatively common, with studies estimating that approximately 1 in 7 Medicare patients hospitalized in the U.S. experiences some form of medical error. Though surprisingly common, it can be difficult to recognize when malpractice occurs and how someone can protect themselves.
Here are 5 of the most common examples of medical malpractice, in no particular order, and how a medical malpractice lawyer in Johnson County is often needed to navigate a clear path forward when pursuing a malpractice claim.
1. Misdiagnosis and Delayed Diagnosis
Misdiagnosis and delayed diagnosis are arguably the most common forms of medical malpractice.
A misdiagnosis occurs when a healthcare professional cannot diagnose a patient’s condition, and instead diagnoses the patient with the wrong condition or denies the patient having any medical condition at all.
Most commonly, misdiagnoses often occur in cases of cancer, heart attack, and infections. The Agency for Healthcare Research and Quality estimates that roughly 7 million patients in the United States are misdiagnosed, with roughly 2.6 million of those suffering adverse effects as a result.
Not every misdiagnosis is considered medical malpractice, and it will only qualify if the healthcare professional failed to provide care that a similarly skilled, competent healthcare provider would have provided in the same circumstances.
Delayed diagnoses are frequently linked to misdiagnoses, though they have some key differences. This type of malpractice case occurs when a healthcare professional fails to recognize the signs and symptoms of a condition within a reasonable amount of time.
When there is this delay, the results can be damage that is irreversible or difficult to treat. Many illnesses, diseases, and conditions require early detection and intervention to mitigate further complications.
2. Surgical Errors
Errors in a surgical setting can lead to severe damage, infections, or other devastating complications. Many types of surgical errors might rise to the level of medical malpractice, including:
- Failing to provide adequate follow-up care
- Leaving objects or surgical instruments inside the patient
- Wrong-site surgery
- Wrong-patient surgery
- Damaging nerves, tissues, or organs during surgery
- Performing unnecessary surgery
- Performing the wrong surgical procedure
- Failing to adhere to accepted methods of performing surgery
These errors can have a significant and lasting impact on a patient’s quality of life. Signing a consent form prior to surgery does not automatically prevent a patient or their surviving family members from pursuing a medical malpractice claim.
A medical malpractice attorney in Johnson County can review the medical records and evaluate any potential surgical errors to determine whether a viable case exists.
3. Medication Errors
Medication errors are a significant problem in the healthcare system, with studies by the Academy of Managed Care Pharmacy estimating that at least 1.5 million patients suffer harm from improper medication use.
Routinely, healthcare professionals issue prescriptions for antibiotics, painkillers, and steroids. However, these prescriptions must be filled correctly in order to prevent a medication error and health consequences.
Some medication error malpractice claims occur when:
- A patient is given the wrong medication
- A patient receives the right medication with the wrong strength or dosage
- A medication is prescribed that the patient is allergic to
- A newly prescribed medication interacts poorly with the current medications the patient is taking
4. Birth Injuries
Childbirth is often a difficult process, even when everything goes correctly. However, both mother and child can be put at high risk if healthcare professionals engage in negligent behavior during the birthing process.
Malpractice can occur if healthcare professionals:
- Fail to monitor the vital signs of the mother or the infant
- Do not order a C-section when necessary
- Fail to timely respond to signs of distress during labor and delivery
- Improperly handle forceps or vacuum equipment
Additionally, situations occur where healthcare professionals do not appropriately diagnose a medical condition that the mother or the child may have, which results in injuries during or after childbirth.
Some of the most common types of birth injuries caused by malpractice include:
- Cerebral palsy (CP)
- Brachial plexus injuries (Erb’s palsy)
- Hypoxic-ischemic encephalopathy (HIE)
- Cephalohematoma
- Nerve damage
While not as common in the modern age, birth injuries still do occur, affecting 7 in every 1,000 deliveries. Families dealing with the aftermath of birth injuries will need to seek proper legal representation from a medical malpractice attorney in Johnson County.
An experienced attorney will work relentlessly to protect their rights and secure compensation to help victims and their loved ones recover physically, emotionally, and financially.
5. Failure to Obtain Informed Consent
Patients have the right to make informed decisions regarding their healthcare and treatment. This requires that they be provided with accurate and complete information about their medical condition, available treatment options, and the potential risks associated with each option.
When a healthcare professional fails to explain these risks or alternative treatments, or proceeds with a procedure without obtaining the patient’s informed consent, these actions may be considered medical malpractice.
Why These Medical Malpractice Cases Require Experienced Legal Guidance
When navigating the complexities of a medical malpractice case, selecting the right legal representation is essential. Just as one would not seek a general practitioner to perform specialized back surgery, victims of malpractice should not entrust their claims to just any attorney.
Our medical malpractice attorneys in Johnson County offer extensive knowledge and experience, with a clear understanding of both medical standards and patients’ rights.
Choosing an attorney who focuses on this complex area of law ensures victims have an advocate who can build a strong, fact-based case while providing them the reassurance they need during the challenges that follow a potential malpractice incident.
Contact an Experienced Medical Malpractice Attorney at Bartimus Frickleton Robertson Rader
Medical malpractice can have profound and lasting effects on patients and their families. By understanding the most common types of malpractice, victims are better equipped to recognize when medical care may have fallen short of professional standards.
If you believe you or a loved one has been affected by medical malpractice, it’s essential to consult with experienced legal professionals who specialize in this complex area of law. Bartimus Frickleton Robertson Rader has been a trusted name in medical malpractice law for years, combining extensive legal experience with a commitment to holding negligent healthcare providers accountable.
Call our office at (913) 266-2300 or use our virtual case tool to connect with an experienced medical malpractice lawyer in Johnson County. Our team is dedicated to helping victims pursue justice and obtain the compensation they are rightfully entitled to.
The above is not intended to be legal advice. Each individual case is different and must be analyzed on its own set of facts and circumstances. If you believe you may have a case, it is critically important that you timely contact a lawyer to ensure your rights are protected.
