When you go to a hospital or doctor's office, you put an abundance of trust in the medical professionals responsible for your health. You expect a certain standard of care. Unfortunately, mistakes can occur, and your doctor, nurse, or surgeon may be liable if you are injured in their care.
If you or a loved one was a victim of a medical injury, contact Helping the Hurt. Medical malpractice cases are some of the most challenging cases in the legal field, and they shouldn't be taken on alone. We want you to have the best legal outcome.
Our legal team can refer you to a skilled medical malpractice attorney with extensive experience so you can get the justice you deserve. Our team of lawyers will review your claim during your free detailed consultation. We will work hard to take legal action and hold healthcare professionals accountable for their medical negligence.
Table of Contents
Medical malpractice is the intentional act of negligence by a medical professional that harms a patient. Medical malpractice is different than medical negligence, the unintentional act of harming a patient. 
Malpractice can occur when a health care professional provides medical treatment to a patient that strays from the approved standards of care, therefore causing personal injury. The medical professional or hospital could be held liable for their error depending on the circumstances.
The accident victim has to prove that the negligent act was definitely responsible for their injury. This is why it is important to hire a personal injury attorney that deals with medical mistakes. Different damages can be awarded, such as; loss of income, pain and suffering, and medical bills.
There are many categories of medical malpractice. Types our lawyers handle the following:
Postoperative Negligence
Postoperative refers to the time following a surgery or procedure. Doctors, nurses, medical aides are all responsible for post-surgical medical care. Complications can arise from surgery, so it is essential for these medical professionals to be alert and competent. If a physician fails to monitor a patient properly following surgery, they could be held liable for medical malpractice.
Post-surgical care includes:
Common illnesses, infections, or conditions that can arise after a surgical procedure include:
Blood clots or pulmonary embolism- Tissue, collagen, debris, or fat can be released into the bloodstream during a surgical procedure. A pulmonary embolism is caused when one of these clots enters the lungs and blocks an artery.
Bloodstream infections- A bacterial infection lies somewhere else in the body and enters the bloodstream during surgery. Sepsis, MRSA, and Hepatitis A, B, and C are all types of blood infections that can come out of a surgical procedure.
Internal bleeding- Internal stitches may have come apart, which is why it is important to be closely monitored after all surgeries.
Methicillin-resistant Staphylococcus Aureus (MRSA)- A rare infection after surgery that can be found in the chest, bloodstream, or surgical site.
Necrotizing fasciitis- A flesh-eating bacterial disease.
Organ perforation- A surgical error where an unintentional hole is made in one of the organs.
Peritonitis- Inflammation of the abdominal wall lining that covers the vital organs.
Respiratory infections such as pneumonia- Respiratory issues can be caused by visits from family and friends, sick hospital staff, other patients, lying flat for too long, or vomit in the lungs because the patient had food or liquids before surgery.
Sepsis- When the body tries to fight infection and chemicals are released into the bloodstream, triggering an inflammation response throughout the body. This sometimes damages multiple organs and can lead to death.
Staph infection- Typically an infection that occurs after an operation involving the chest or head. If left untreated, staph infections can be fatal.
Surgical site infections- An infection in the area where the surgery took place. It can involve the skin, and more seriously, the tissues under the skin, the organs, or any implanted material.
Tissue necrosis- Death of tissue in the body when too little of blood flows to the area.
Urinary tract infection (UTI)- Typically from a catheter inserted into the bladder during surgery.
Viral infections- Many types of viral infections can be acquired during a hospital stay, especially since post-op patients' immune systems aren't at 100%. Intravenous pain medications, such as morphine, can suppress the immune system making it easier to catch a virus after an operation.
Misdiagnosis or Delayed Diagnosis
Misdiagnosing a patient can be catastrophic for both the patient and their family. They may suffer physical impairments, pain, or death from lack of treatment or delayed treatment.
If the doctor misdiagnoses and treats the wrong condition, the patient can suffer from severe side effects.
If hiring a medical malpractice attorney for misdiagnosis, the attorney will need to show the doctor acted carelessly. Examples are:
Medical Device Errors
This can include medical devices implanted in the body like hip replacement hardware, breast implants, and pacemakers, to name a few. These devices can cause serious injuries and even death if misused or if there are manufacturing defects.
Hospital Malpractice
The hospital itself can be held liable in a lawsuit. When interviewing hospital staff, the hospital must do thorough checks into their prospective employee's work history, certifications, and education. If the hospital hires any unqualified hospital employees, they can be liable for any injuries the employee causes.
Hospitals are also mandated to accurately keep track of all patient records. Not meeting these high standards makes the hospital liable in a medical malpractice lawsuit.
Emergency Room Errors
The ER environment is fast-paced, and medical professionals are trained to deal with high-stress situations. Negligence can still occur, no matter how highly a doctor or hospital system is rated.
Instances of emergency room negligence are:
Birth Injury
The birth of a baby is an amazing, joyous event. Unfortunately, there can be complications for both the mother and baby if the medical team does not provide a safe childbirth process. Birth injuries such as Erb's palsy, cerebral palsy, and brachial plexus palsy can result from a negligent doctor.
There are many reasons to bring a birth injury lawsuit against a medical center or the doctor. Causes of birth injuries that could have been prevented include:
Oxygen Deprivation- Sometimes, the umbilical cord can wrap around the baby's neck. Lack of oxygen can lead to brain damage or cognitive problems. An attorney can sue for obstetrical malpractice.
Excessive Force- When the Obstetrician applies too much force on the newborn's neck or limbs when using a vacuum or forceps, leading to nerve damage.
Delayed C-Section- Failing to perform a C-section in a timely manner.
Failure to Monitor- If the nurses and doctors do not monitor the baby and the mother during and after labor, they can be charged with obstetric malpractice. Ruptured uteruses and hemorrhaging can cause long-term effects and can even be fatal.
Anesthesia Errors
The types of anesthesia error are general, local, and regional.
Complications usually arise during general anesthesia. One in 1,000 patients will experience anesthesia awareness where they partially wake up during their procedure. Most patients report not feeling any pain during anesthesia awareness.
If anesthesia is misused and the patient is injured as a result, the negligent anesthesiologist may be liable for any damages. Some examples of negligence include:
Medication Errors by Nurses
Medication mistakes are more common amongst nursing staff. Problems consist of giving out the wrong medication, administering medication at the wrong infusion rate, administering medication at the wrong time, giving the wrong dosage, giving more than one dose at a time, or giving one patient's drug to another patient.
Other Types of Medical Malpractice
Medical malpractice can be proven in a number of ways. The most common way to prove medical malpractice is the patient and attorney must prove the health care professional directly caused harm. The attorney must prove the doctor breached their duty of care, that the breach of duty was the cause of the injury, and the injury must have caused damages, both economic and non-economic. This includes both medical bills and pain and suffering.
A harmed patient or the family of a patient who died because of medical negligence may be compensated for the damage caused by a careless medical professional, hospital, or another party. These damages are intended to compensate the victim for losses suffered and may include:
Preventable mistakes have been responsible for serious medical injuries or even wrongful death. Hospital systems have fantastic legal teams, which is why you need a highly skilled medical malpractice team of personal injury lawyers on your side.
Contact an experienced medical malpractice attorney today at Helping the Hurt if you believe your physician has been negligent. An experienced attorney will know the exact questions to ask to build the strongest case possible. We have decades of combined experience representing injured patients. Our personal injury lawyers are dedicated to helping our clients obtain fair compensation for all injuries caused by medical negligence.
To schedule a free consultation with one of our lawyers, click the link below for a free consultation and let us get you the maximum compensation you deserve.
