Medical Malpractice
Medical malpractice is a term generally used to describe any treatment, lack of treatment, or other conduct that departs from accepted standards of medical care that causes harm to a patient. The types of cases that constitute medical malpractice are too numerous to list. Medical malpractice can include, misdiagnosis, improper treatment, failure to treat, delay in treatment, failure to refer to a competent specialist, failure to perform appropriate follow-up, prescription errors, failures to order or comprehend diagnostic testing, failures to adequately explain a procedure and the associated risks, etc. Often times, medical malpractice is not obvious to a patient and requires the review and analysis by medical experts.
Failure to Diagnose
Failure to diagnose an illness or injury is a common source of malpractice claims. Our firm has litigated numerous cases of malpractice involving these kinds of failures. Examples include: 1) the failure to appropriately read an x-ray resulting in the discharge of a young man who had a broken neck, (burst fracture of his C6-C7 vertebrae), resulting in permanent paralysis, 2) failure to diagnose breast cancer upon the misinterpretation of a mammogram, 3) failure to diagnose viral encephalitis resulting in permanent brain damage in a 67 year old man. These are but a few of the examples of the permanent and life altering damages that can result from a failure to diagnose an illness or injury.
Delayed Diagnosis
Delayed diagnoses of an illness or injury is can result in a malpractice claim. Unlike failure to diagnose claims, these causes of action can be more reliant upon an analysis of causation. Often times causation experts are necessary in these kinds of cases. Our firm has litigated numerous cases of malpractice involving these kinds of delays. Examples include: 1) the delay in diagnosing a case of cauda equina (sacral nerve roots are impinged by herniated disc) resulting in permanent loss of sensation, and loss of bowel and bladder function for a 34 year old woman, 2) delayed diagnosis of pnemonia in a two year old little girl that resulted in her untimely death. These are but a few of the examples of the permanent and life altering damages that can result from a delayed diagnosis of an illness or injury.
Improper Treatment
Improper Treatment can result when there is a failure to diagnose or where a delayed diagnosis is made. Meaning, the physician is prescribing a treatment for something that doesn't exist, or is choosing a treatment that may not be effective, or may not be as effective, as another treatment. This occurrence is an additional source of malpractice claims. Our firm has litigated numerous cases of malpractice involving improper treatment. One recent example involved a 42-year-old woman who underwent thyroid surgery. Her physician recommended the surgery, even though she had a small benign tumor, which was not affecting her life in any fashion. More importantly, the proposed surgery was in an area of great risk of further injury. Ultimately, the doctor severed some of her nerves, which resulted in permanent voice loss. The proper treatment did not require surgery, however. This case was successfully litigated.
Failure to Refer to a Specialist
Sometimes physicians or other health care providers are faced with situations that they aren't properly qualified to handle. Recognizing that potential problem is crucial in providing the appropriate care under the circumstances. For various reasons, however, health care providers will not refer a patient to a specialist. This may be negligence where referral could have made a difference in a bad outcome. For example, our firm represented the family of a little boy who was being treated for multiple ear infections and other illnesses in a very short period of time. He was also experiencing other abnormal changes to his body that were not identified despite the numerous visits with his pediatrician. Finally, he was sent to a specialist who diagnosed a genetic disorder that could have been treated years earlier that would have given the little boy a much better chance at survival. Instead, this family will likely lose their son before he finishes high school.
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