This blog will explain medical malpractice, detail medical malpractice causes, provide medical malpractice examples, and discuss how a lawyer with medical malpractice experience can help an individual with this type of highly complex case.
Medical Malpractice
When individuals go to a healthcare provider for treatment, they expect to receive care that will help improve their health or clarify a condition. But doctors sometimes make mistakes due to negligence or carelessness.
While many people may think medical malpractice cases (also referred to as medical negligence cases) are rare, they are unfortunately more common in the United States than the public may think. In 2016, Johns Hopkins patient safety experts determined that medical error causes more than 250,000 deaths per year in the United States.
Determining Medical Malpractice
Medical malpractice occurs when a medical provider fails to provide the “standard of care.” When this failure harms an individual, the individual may seek the assistance of medical malpractice lawyers in Overland Park to pursue their potential claim.
What is the standard of care?
The standard of care means that a doctor, nurse, or hospital must use the same degree of skill and learning a trained provider would in the same or similar circumstances.
What is considered harm?
When it’s determined that a healthcare provider did not provide the standard of care to a patient, a medical malpractice lawyer in Overland Park has to prove the medical professional’s negligence caused the patient harm in one or more of the following ways:
- Physical injury: This includes any complication, worsened medical condition, or injury that occurs because the medical provider did not follow the standard of care.
- Pain and suffering: This can include emotional and physical pain and suffering.
- Emotional distress: Any anxiety, stress, or trauma caused by the medical error.
- Financial harm: After suffering medical malpractice, an individual may experience additional financial harm due to the expense of correcting the medical error and lost work.
- Wrongful death: The most harmful medical malpractice cases can cause death.
Why does medical malpractice happen?
Generally, there are 3 causes when it comes to the types of cases medical malpractice lawyers in Overland Park litigate: missed diagnosis, treatment delay, and improper treatment.
Missed Diagnosis
Sometimes, healthcare providers don’t provide a correct diagnosis, incorrectly diagnose a condition, don’t properly identify illness symptoms, or fail to start testing or referral protocols correctly.
Delay in Treatment
When a medical provider delays treatment (doesn’t provide timely medical care) which thereby harms the patient, an individual may have a medical malpractice case.
Delay in treatment could take many forms, including:
- The inability to realize the urgency of a patient’s condition.
- Failing to communicate with others on the patient’s care team.
- Not promptly ordering diagnostic tests or delaying test interpretation.
- Not referring a patient to a specialist when needed.
Failure to Properly Treat
If a healthcare provider does not provide treatment within the standard of care, they may have caused medical malpractice. A provider could administer improper treatment in several ways, including:
- Prescribing the wrong medications.
- Performing a procedure incorrectly.
- Using an outdated treatment.
- Not providing appropriate follow-up care.
- Overlooking disease symptoms and signs.
Medical Malpractice Examples
While medical malpractice can happen in various medical situations, medical malpractice lawyers in Overland Park frequently see the following types of cases:
Birth Trauma
Unfortunately, approximately 30,000 babies in the United States are born with some type of birth injury. These injuries range from minor to severe, with 80% of injuries being moderate to severe, and may happen if a medical provider does not handle labor and delivery correctly.
Medical malpractice cases often stem from injuries a baby sustains because a medical provider doesn’t notice when the infant is showing signs of distress.
Head and brain injuries, as well as nerve injuries, are some of the most common types of serious birth injury a baby may sustain because of medical malpractice. Sadly, sometimes newborns succumb to their injuries, causing death.
Surgical Error
When a surgeon operates on an individual, that patient trusts the medical provider with their health and well-being. Sometimes, though, mistakes happen before, during, or after surgery that negatively affect an individual’s life. Common types of surgical errors include:
- Foreign bodies left in a patient after a procedure
- Performing the surgery in a way that does not meet the standard of care
- Wrong-site, procedure, and patient errors
- The surgeon’s inability to perform the procedure with the least amount of risk
Lack of Informed Consent
All medical providers must clearly articulate the benefits and risks of treatment and offer alternative treatment suggestions. If a doctor fails to explain this information and the patient experiences harm, the patient may have a medical malpractice case.
Missed or Delayed Diagnosis
Making the correct diagnosis promptly is essential for ensuring patients achieve the best medical outlook possible. Because the diagnosis determines the course of treatment, a healthcare provider’s mistake can harm a patient’s health.
The following are a few common misdiagnoses that can occur in a medical malpractice case:
- Cancer misdiagnosis
- Heart conditions
- Strokes
- Sepsis
- Pulmonary embolism
- Brain hemorrhage
Radiology Errors
Specialized medical providers called radiologists must correctly interpret X-rays, MRIs, CT scans, ultrasounds, and mammograms. Failure to read, analyze, or communicate results can lead to delayed treatment, missed diagnosis, or missing a tumor.
What should an individual do if they think they’ve experienced medical malpractice?
Because medical malpractice cases are so complex, people impacted by medical negligence should contact medical malpractice lawyers in Overland Park as soon as they are psychologically and physically able to do so.
These lawyers will have the knowledge and experience necessary to pursue a person’s claim.
During a medical malpractice case, an individual’s lawyer will use their experience litigating medical negligence cases to figure out what happened and why by:
- Gathering, organizing, and reviewing evidence
- Reviewing the patient’s medical records
- Interviewing witnesses (doctors, medical staff, family members, etc.)
- Consulting with medical experts
What do medical malpractice lawyers have to prove?
To pursue a claim, medical malpractice lawyers in Overland Park are tasked with the challenge of proving the following:
The Healthcare Provider-Patient Relationship
First, medical malpractice lawyers must prove that a healthcare provider-patient relationship was formed between the individual and the medical professional. This establishes that the provider had a professional duty that they owed to the patient.
The Failure to Uphold the Standard of Care
Next, medical malpractice lawyers in Overland Park must prove that the healthcare provider did not provide the standard of care a reasonable, trained provider would have in a similar circumstance.
Causation
Causation is a link between bad actions and damage. Sometimes, people can be damaged, and it is not malpractice; or sometimes, a doctor can act below the standard of care, and it is not the cause of the person’s harm. Causation ties the two together.
Damages
And finally, lawyers must show that the damages a person experienced were because of the medical provider’s careless actions. Common damages include:
- Past and future medical bills
- Physical pain and suffering
- Emotional pain
- Lost mental capacity
- Disability
- Disfigurement and scarring
- Loss of physical abilities
What should someone look for in a medical malpractice lawyer?
Choosing which medical malpractice lawyers in Overland Park to work with is a decision that should be taken seriously. Medical malpractice cases are highly complex and require experience because they tend to be hard-fought. Individuals are likely to benefit from working with a lawyer who has these types of qualities:
Experience Litigating Medical Malpractice Cases
Medical malpractice lawyers have extensive experience handling complex medical cases. A generalized attorney likely does not have the knowledge or litigation abilities to handle these types of highly specific cases.
Substantial Resources and Structure
Medical malpractice cases require medical malpractice lawyers in Overland Park who work with experienced medical experts are necessary to litigate the case.
Dedication to a Client’s Case
Medical malpractice lawyers will use their time and resources to help clients receive compensation for the harm they experienced. Lawyers do this by:
- Standing up for a victim’s rights.
- Righting wrongs that damages caused.
- Holding wrongdoers accountable.
Experience With Different Medical Malpractice Cases
Medical malpractice lawyers in Overland Park, with exposure to different medical malpractice cases, are able to litigate these highly complex, diverse cases.
Consider Working With Our Medical Malpractice Lawyers in Overland Park
If you or a loved one was injured due to the mistakes of a healthcare provider, it’s important to know your rights. Bartimus Frickleton Robertson Rader is the trusted name for medical malpractice lawyers in Overland Park. We deliver answers, accountability, and justice for victims of medical malpractice.
When we represent a client or a family after medical malpractice, we devote the time, resources, and experience for the best possible result. Our attorneys are dedicated to investigating cases the right way—by answering every question and methodically working through each case.
Navigating the aftermath of medical malpractice can be challenging. A medical malpractice attorney can give you the support, tools, and resources you need to help you recover. To get in contact with an attorney today, use our virtual case tool or contact our office at (913) 266-2300 to speak with one of our team members.
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 contact a lawyer in a timely manner to ensure your rights are protected.
