Medical malpractice can involve many different actions or failure to act. At its core, a medical malpractice case is based on the failure of a doctor to adhere to a particular medical standard of care, based on what a reasonable and competent doctor with the same education and experience would have done under the same or similar circumstances. This standard also takes into account the community in which the doctor was practicing. A deviation from the standard is evidence of negligence.
Types Of Improper Medical Care
- Failing to diagnose a condition or delaying a diagnosis to the point where long-term or irreparable harm is done;
- Misdiagnosing a medical issue;
- Failing to respond to a medical emergency or complications arising out of a medical condition;
- Failing to diagnose an associated medical condition – there are a number of medical issues that often come in pairs and multiples and it is common knowledge for a doctor or other healthcare provider to look for one after diagnosing the other;
- Failing to achieve the intended results after a surgery or other invasive procedure;
- Performing wrong site surgery;
- Leaving foreign objects in a patient after the completion of a surgery or other invasive procedure;
- Failing to provide proper care after a surgical or other invasive procedure;
- Prescribing the wrong medications or prescribing the right medication in the wrong dosage;
- Administering the wrong medication or administering it in the wrong dose.
When something goes wrong after receiving medical care, it is hard to know what happened to lead to the injury. Many times the harm is the result of a failure to act, but there are other situations where the person was injured because the doctor or other medical professional actually provided improper care.
One of the highest obstacles in a medical malpractice case is getting a person to challenge the actions of a doctor because of the pervasive idea that doctors are infallible or, at least, are untouchable. This is far from true. In fact, doctors, as well as other medical professionals, often provide improper care after deciding upon or ordering the proper course of treatment. This improper care is an affirmative act, rather than an omission or failure to act.
Some of the acts that fall within the category of improper care include:
- Ordering the wrong diagnostic tests;
- Misdiagnosing a medical condition, including a psychiatric disorder, leading to treatment for the wrong disease or other issue;
- Failing to take proper actions to prevent the progression of a disease or other medical condition;
- Failing to provide care that is aligned with the most recent advances in medical science;
- Failing to administer medicine that has been prescribed;
- Failing to identify an allergy that leads to a severe reaction after administration of a drug;
- Failing to schedule surgery in a timely manner where the delay leads to an exacerbation of the injury being suffered by the patient;
- Pressuring a patient into surgery without engaging in a detailed discussion of the pros and cons of the procedure and a review of the possible alternatives;
- Failing to take reasonable preventative measures before commencing a course of treatment; and
- Discharging a patient before he or she is fully recovered.
Although there are many situations where a poor outcome may not be avoidable and many other times when a doctor may make a mistake that does not lead to injury, if there was medical malpractice, it is important to take prompt action to get the right results. An experienced medical malpractice attorney understands how to find the right medical expert in order to build a compelling case that a doctor or other healthcare provider deviated from the established medical standard of care.
Stern Law, PLLC Works Hard to Get the Right Results for Its Clients
After a person has suffered from medical malpractice, whether the result of improper care or some other act or omission, the fallout may be terrible, with an entire family struggling to overcome the debilitating injury. At Stern Law, PLLC, our medical mal practice attorney has spent more than 30 years learning the skills and nuances in the law necessary to develop a strong and effective case. We fight for our clients while they focus on the healing process. In addition to advocating for the rights and interests of those individuals who were harmed as the result of a preventable medical mistake, we also serve as a resource, providing compassionate and committed staff to answer questions 24 hours a day, seven days a week, for anyone who has a question or concern about medical malpractice, regardless of whether or not you are our client. Call us at 1-844-808-7529 or fill out an online contact form in order to learn how we can help you get through this difficult time.