Why Does Medical Malpractice Happen?

Recent studies suggest that medical malpractice is the third leading cause of death in the United States. Medical malpractice is responsible for an estimated 251,000 deaths. Below, we explain why medical malpractice happens and other frequently asked questions about this problem.

What Is Medical Malpractice?

According to the American Board of Professional Liability Association, medical malpractice occurs when a health care provider causes injury to a patient because of an act of negligence or omission. Medical malpractice can occur at any point during the healthcare journey from diagnosis and treatment to post-operation instructions or health management.

What Are the Most Common Causes of Medical Malpractice?

According to Claims Journal, studies have found that misdiagnosis is the most common cause of medical malpractice. Misdiagnosis occurs when a health care provider misses symptoms, misinterprets them, or fails to order tests that would have resulted in a proper diagnosis. The health care provider diagnoses the patient with a condition he or she does not have.

Common misdiagnoses include:

• Cancer
• Lupus
• Stroke
• Parkinson's disease
• Irritable bowel syndrome
• Multiple sclerosis

Other common causes of medical malpractice include:

• Childbirth injuries
• Surgical errors
• Plastic surgery errors
• Medication errors
• Nursing errors
• Lack of informed consent

What Factors Contribute to Medical Malpractice?

Health care workers are busy professionals, but they can still make mistakes. Sometimes these mistakes may be deadly or cause other serious consequences. Some of the factors that may contribute to the occurrence of medical malpractice include:

• Not enough time - Health care providers often see many patients a day. If they do not spend enough time with a patient, they may not get a complete family history or conduct a thorough physical exam to discover the real ailment from which the patient is suffering.
• Not enough information - The health care provider may fail to order necessary tests to properly diagnose patients.
• Inexperience - The health care worker may be new or may not have had any professional experience with the patient's condition.
• Fatigue - Many health care workers work long shifts. They may suffer from impaired judgment or may make mistakes due to fatigue.
• Substance abuse - Health care workers are not immune to substance abuse or alcohol problems that may impair their judgment.
• Assumptions - Some health care workers may assume they know what the problem is and may fail to look at the big picture.

How Will I Know If I Have a Claim?

A viable medical malpractice claim requires that you can prove the following:

• You had a doctor/patient relationship - You must be able to show that you had a medical relationship with the health care provider that forms the basis of their legal duty.
• The health care provider violated the applicable standard of care - The health care professional is supposed to treat you with care consistent with that which a reasonable health care provider in the same field and location would have provided. If they did not meet this care, you may have a claim if you can prove the other elements.
• The health care provider's violation of the applicable standard of care caused your injury - The injury you have suffered must clearly relate to the standard of care that the health care provider had a duty to uphold.
• You suffered damages as a result of your injury - You must show that you have suffered losses such as additional medical expenses, loss of wages, or disability.

Who Can Help With Your Medical Malpractice Claim?

Medical malpractice claims can be very complex and may require the assistance of a lawyer who can grasp these complicated legal and medical principles. Contact us to schedule a free consultation to learn more about your legal rights and options.