In every job, there’s always going to be a potential for mistakes. However, in some fields like medicine, professionals are required to be more meticulous and careful with their actions, since there is a higher risk at hand. Medics are responsible for: other people’s lives, being completely correct with medical research, applying medical procedures in a rigorous manner, among other obligations.

Unfortunately, sometimes medical procedures or evaluations don’t go as expected or aren’t handled by medical professionals that are fully aware of the responsibility they’re carrying when taking care of their patients.

When a medical professional doesn’t perform their tasks with the approved standards of the medical field (either by a misdiagnosis or undergoing medical treatment) their patient suffers the consequences as a result, such as their health declines or a new diagnosis appears; it’s a high likelihood that there is a case of medical malpractice.

According to a study carried out by the CDC, medical errors are the third leading cause of death in the United States, behind heart disease and cancer. Additionally, an article published in the newspaper, France 24, estimated that “one out of ten patients also suffers from lack of proper medical attention” in the U.S.

Therefore, since medical malpractice is a common problem that affects us all, in this blog you’ll learn what exactly is medical malpractice to help you understand why having an attorney guiding your case can help you receive your compensation.

Remember: if you need legal help in a medical malpractice case, call Castan & Lecca. Plus, your first consultation is free.

What is considered to be a medical malpractice case?

In order for your case to be considered medical malpractice, you must prove these three legal factors. They are:

• Injury: any physical or emotional harm that may appear immediately or after a medical malpractice accident occurred. 

• Malpractice: as explained earlier in the blog, this is the negligence or non-observance of the standards by medical professionals that caused injury during a medical procedure.

• Causal link: the evaluation of whether or not the injury was caused due to negligent acts of the doctor in charge, confirming that the patient was a victim of medical malpractice.

What are the most common types of medical malpractice?

Although there are many kinds of medical malpractice, there are six common reasons, according to our experience, why our clients have suffered injuries in their trips to the doctor. They are:

• Lack of expertise: some doctors treat their patients without having enough knowledge or skill in interpreting the symptoms they have. As a result, the physician provides a misdiagnosis of their condition and is unable to give the treatment that the patient needs.

• Recklessness: the excessive confidence that the physician has towards the patient’s clinical condition since the medic believes that there will be no relevant complications to be developed later on. These actions can result in not having preventative measures in place if the patient’s health worsens.

• Error with the diagnosis: this usually occurs when the physician doesn’t prescribe tests, blood samples, or check the patient’s medical history to correctly determine their diagnosis. In fact, these costly mistakes can be more complicated if the patient has to make repeated medical visits, which delays undergoing exams that can lead to the loss of adequate time to cure their sickness.

• Medication errors: mistakes that doctors make whenever they inaccurately prescribe a medication to cure the patient’s disease or administer a medication that the patient may be allergic to. Medication errors can worsen a patient’s health, and in some cases, result in their deaths.

• Lack of information provided to the patient: whenever the patient receives medical treatment or intervention and is not correctly informed about the risks, types of procedures they’re going to receive, or any alternatives available to cure their condition.

• Surgical errors: these accidents arise when a patient is undergoing a surgical procedure and there is a mistake done by the surgeon or medical team in charge of the procedure. Physical damages, injuries, and even the death of a patient may be the results of surgical errors.

Other types of medical malpractice that also occur are: cosmetic surgery complications, hospital-acquired infections, and perinatal injuries, among others. 

If you believe that you suffered from medical malpractice, contact us. Here at Castan & Lecca, our attorneys will guide you in your case and provide you with the steps you need to take to be compensated for your injuries. 

What claims can I file in a medical malpractice case?

If you have been injured due to medical malpractice, our team of exceptional attorneys can help you file a claim for:

Civil liability: with this claim, you will file against insurance companies and/or private medical centers to ensure they pay compensation for your injuries.  A court ruling will establish how much money you’re owed for your troubles.

Legal liability: the claim is carried out against public medical centers, trying to prove that there was a failure in the medical staff’s responsibility to take care of the patient.

Criminal liability: in this case, the victim files a claim against the physician to disqualify them and in even some cases, seek prison sentences against the medic for breaking the law.

It is important that an attorney should analyze your case and gather all the evidence to establish the type of medical malpractice you went through and which claim should you file to give you the best shot of winning your case. And remember, at Castan & Lecca, we are always available to help you file a lawsuit and get your life back.