Medical malpractice is when a doctor, hospital, or a healthcare professional or entity commits a negligent act (such as misdiagnosis, wrong treatment, or poor management of the patient) which goes against their duty as a healthcare professional or entity and results in an injury to the patient. Although rare, it is still a possibility and something to know. If you are a victim of medical malpractice, the consequences could be deadly and devastating to your life.
Medical malpractice is actually very rare in the healthcare industry. According to John H. Fischer, the chances of medical malpractice are actually about 1 in 100. That is actually extremely high!
Think about it.
Every day, there are more than 100 patients being served in a doctor’s office. It is possible that one patient every day is misdiagnosed, mistreated, etc.
Obviously, I’m slightly exaggerating the claim. But I’m also advising you to be careful. If 1 out of 100 patients will be a victim of medical malpractice, that is still a significant chance.
If we calculate this with the American population, it kills about 250,000 people throughout the year. This is only 3rd in causes of death to cancer and heart disease.
That is crazy!
So if these numbers are so high why isn’t there more concern or more articles to stop this?
Well, only 3% of medical malpractice is actually filed. So out of the 1/100 people, only 3% is actually filed.
Does this mean that there are millions of people walking around with a broken body? Or maybe they are walking with a medical tool in their bodies?
Nope. Not at all actually.
Most of the time, the mistake is small or the patient doesn’t really notice the misdiagnosis. So they are either healed through time or since the mistake was small, it just goes unnoticed.
To be considered medical malpractice, the patient has to establish one of these three traits:
The first one is that the violation has to violate or basically not be enough to satisfy the standard of care.
The second one, and the most important trait, is negligence. Without proof that there was negligence, there is no case to be made for the patient. Since it is possible to have an action not satisfy the standard of care, the negligent portion will prove that the healthcare professional had intentionally avoided the standard of care, instead of doing it by mistake.
The third one is that the medical malpractice caused significant damage. If it is a small cut, or maybe over time the injury can be fixed, then the lawyer will probably NOT pursue the case. Proving a medical malpractice case is extremely difficult and can be costly. Bringing in lots of medical professionals and gathering evidence can be extremely difficult for you and your lawyer. Unless you have sufficient evidence for the negligence and the damages done to your body were absolutely horrible, then it may not be worth the pursuit for you and the lawyer.
There are lots of examples of medical malpractice, but we tackle the most important ones.
Misdiagnosis, or failing to properly diagnose the patient is a big chunk of medical malpractice cases.
Basically, if a doctor fails to properly and accurately diagnose your condition, then it is considered a misdiagnosis. For example, if you go to the doctor and they diagnose you with coronavirus, but it is actually just the flu, then the doctor has technically committed medical malpractice.
The consequences of misdiagnosis can be devastating. It can cause you to miss potential surgeries or treatment that can save you time and your own life.
However, there is a big variable.
You must be also able to prove that the doctor was working negligently and was not actually serving you to their fullest.
One way to prove this is to see what the doctor did and then comparing that to a competent doctor and see how they would have gone through with the diagnosis.
Although it sounds crazy, surgeries get messed up very often as well. A botched surgery is not common, but it could be time consuming and have severe consequences.
Here is an example. A doctor was amputating the leg of a patient, but instead the doctor ended up amputating the wrong leg.
As stated prior, these cases aren’t common, but it happens. Puncturing a nearby organ, operating on the wrong body part, and leaving medical tools in the surgeon’s body. These are all considered mistakes and possible malpractice depending on how negligent and careless the healthcare professional was.
Most of the times when you go to the doctor, you don’t require surgery or anything too severe. A grand percentage of doctor’s visits can be fixed through medication.
But, lots of medications can be misdiagnosed. The wrong medication can be diagnosed or the doctor might forget that the patient has an allergy to certain medications. This can lead to a delayed healing process or something even worse, like death.
Another common case of improper medication is harmful dosage.
Dosage refers to the amount of medication the patient will be taking.
Sometimes, the doctor can misdiagnose the dosage and either give too little (which will do almost nothing to help the patient) or too much (which may stress and tax the patient’s body, which could lead to more problems).
If you feel like you are a victim of medical malpractice, then you need to take action now.
You might be paying for medical bills and medication that is not actually helping or possibly even making you take steps backwards.
If you’re still in pain and suffering and not getting any better, or maybe the doctor’s visit actually made you worse, give my team a call.
We are always on standby and ready to help anyone with their case. Medical malpractice can cause serious harm to your body and you definitely don’t want to be paying for the negligence of someone else.
Still open questions?
Ideally, you will want to hire a personal injury lawyer as soon as you get injured. If you are injured and your body is in pain, why wait and live with the pain? That makes no sense. You want to get rid of the pain as soon as possible. If you have more questions contact us
That depends on how badly you were injured. People joke around about “I wish I got hit by a car” or “If I slip and fall here, I’m gonna make a fortune”. Although that is possible, it is not always possible. They are jokes for a reason. You will make as much as you are owed. If it is just a scratch, then you will not be compensated much. If you had to have major surgery and are going through rehab, then you will make MUCH more than just a simple scratch or small bump.
As a personal injury lawyer in Miami, what I do is make sure that you make your money back (maybe even more) from whatever damages you sustained. If someone else caused your injuries, then you have to contact us and consult with our team. We will make sure that you are taken care of. My job is to see if your current situation is actually someone else’s fault and if you can get your money back for the treatment you went or are going through.
We will represent all kinds of cases, from car accidents and work accidents, to truck accidents and uber/lyft accidents.
If you’re unsure if we can represent your case, give us a call at 305-680-5161 to get a FREE consultation and more information on your case.
As a personal injury law firm, our main goal is to serve the clients and get them back to full health. When you come to us with injuries, our main goal is to make sure that those are treated. Our second goal, which connects with our first goal, is to get your financial compensation if your injuries were caused by the negligence of someone else.
My team is ready to serve you. With already 20+ years working in the industry and winning our cases, we keep gaining experience as we keep serving you and making sure that you are taken care of. Do not hesitate to call us at 305-680-5161 or contact us. Our team is ready to serve you and is always ready to take a case.
My team is always on standby. Whether you have a concern during the middle of the day or night, contact us and we will be sure to give you a response in no time. 24/7 on call team that is always ready to answer whatever question you have.