When you seek medical help, you trust that your doctor has your best interests in mind.
However, mistakes happen, and at times, those mistakes result in fatal consequences.
Medical negligence is when a medical practitioner can’t meet the mandated standard of care, resulting in harm. It’s a serious issue that affects countless patients every year. It’s important to know the signs of medical negligence to protect yourself and take action if needed.
This article discusses medical negligence and how recognizing it can help protect yourself and your loved ones.
What is Medical Negligence?
Medical Negligence occurs when a healthcare provider’s actions, or inaction, deviate from the established level of service. This can happen in many forms, from a misdiagnosis to a faulty operation.
According to TorHoerman Law, it’s crucial to understand that not all medical errors are seen as negligence. To qualify for negligence, the healthcare service should be underwhelming compared to the acceptable standard in identical circumstances.
Some of the most common forms of medical negligence include:
- Misdiagnosis or delayed diagnosis: When a doctor fails to recognize or diagnose a condition, it can lead to incorrect treatments or delayed care, worsening the condition.
- Surgical errors: Performing surgery on the wrong part of the body or leaving instruments inside the patient after surgery are clear examples of negligence.
- Failure to follow up: Patients who don’t receive proper follow-up care may experience worsening symptoms or untreated complications.
Understanding these examples can help you recognize negligence when it happens. Moreover, negligence can lead to medical malpractice only if it directly harms the patient. According to Justia, medical negligence cases involve three key aspects: duty, breach, and causation. The healthcare provider must have a duty to the patient, breach that duty through substandard care, and cause harm.
Example of Medical Negligence
Medical negligence isn’t just a theoretical concern. It’s a real issue that affects Americans every day. According to Forbes Advisor, over 33% of healthcare providers are sued for it. These providers commit preventable errors in 3% to 15% of all treatments. Moreover, surgeons make the most errors and, thus, are at the highest risk of catching a medical malpractice lawsuit.
A tragic example unfolded in the St. Louis County jail in 2019. The staff ignored the health needs of an inmate, resulting in his death. After years of investigation, video evidence revealed that medical personnel neglected to provide timely care to inmate Jo’von Mitchell. Moreover, FOX2now reports that they even attempted to cover up their inaction.
Furthermore, the victim’s attorney alleges that poor equipment was used to treat Mitchell. He claims the airway suction device failed due to improper maintenance, and the staff used an empty oxygen tank during the treatment. This case is a stark reminder of the dangers of negligence and how it can occur in both clinical and institutional settings.
In the above case, the victim’s family can get overwhelmed by the legal and medical complexities. However, qualified legal assistance can make a big difference. A St. Louis personal injury lawyer can help them with the legalities. This ensures Mitchell’s and his family’s rights are protected, and they receive the appropriate compensation.
How To Recognize Signs of Medical Negligence?
If you’re wondering whether your healthcare provider is putting you at risk, here are some red flags to watch out for:
1. Unusual Delays in Treatment
If your doctor fails to treat you within a reasonable timeframe, or there are unexplained delays in diagnostic tests, it may be negligence. For example, a delay in diagnosing a serious illness can drastically affect your prognosis and limit treatment options.
2. Miscommunication or Lack of Communication
Good communication is critical in healthcare. If your doctor isn’t clearly explaining your condition, treatment options, or test results, it could be negligence. You deserve to know what’s happening with your health, as a lack of transparency can put you at risk.
3. Inadequate Follow-Up Care
After surgery or a diagnosis, follow-up care is crucial to ensure proper recovery. If your doctor isn’t scheduling follow-ups, fails to review your progress, or neglects to monitor ongoing symptoms, it’s a sign of poor care.
4. Surgical Errors or Mistakes in Medication
Errors during surgery or administering the wrong medication are clear indicators of negligence. These mistakes can produce tragic outcomes and are often avoidable with proper care. If these signs sound familiar, it may be time to take action. Acting quickly is key, as delays could affect your health even further.
Why Timely Action Matters?
If you suspect you’re dealing with medical negligence, time is of the essence. Every state enacts has a statute of limitations for filing claims, meaning, you have a limited window to take legal action.
Every state establishes its legislature. However, FindLaw reveals that in the US, the statute of limitations is between 1–3 years, with some states granting some exceptions. Many patients who have experienced medical negligence seek legal advice to resolve these time-sensitive situations. A personal injury lawyer can help you assemble proof, build a case, and seek compensation for your suffering.
Medical negligence is a pressing concern that can harm anyone. Knowing how to spot the signs and responding appropriately can significantly influence the outcome. Whether you’ve experienced delays in care, poor communication, or surgical errors, it’s important to stay vigilant and consider legal help if necessary.
If you suspect you’ve been a victim of medical negligence, don’t hesitate to consult a local personal injury lawyer. By being proactive about your health, you can better protect yourself from potential risks and ensure you receive the quality care you deserve.
