Before any visit to the doctor, you sign a consent form that provides the doctor with permission to conduct an examination and render a diagnosis. If there are tests, you’ll sign additional consent forms. You will also sign consent forms for any type of procedure you may undergo.
Even in emergency room situations, you will be asked to sign a consent if you’re able.
Although that consent does grant permission, it doesn’t make the doctors and staff immune from being accused of negligence. You can still be harmed even after granting consent.
When that happens, you want to reach out to a Louisville medical malpractice lawyer at McCoy & Hiestand, PLC. Our team has years of experience taking on big insurance companies and hospital organizations in the pursuit of justice and accountability.
It’s vital that you understand the challenges you may face in these types of claims and all your viable options.
The Challenges with a Medical Malpractice Claim
The good news is that instances of actual medical malpractice are rare. According to a study published in the New England Journal of Medicine, 7.4% of all physicians in the study had a claim filed against them.
Of that number, only 1.6% lead to a settlement, but that does not diminish your situation.
Before moving forward with a claim, you are required to obtain a certificate of merit from an independent medical professional who is in the same field. That certificate will detail what happened to you and what might have gone wrong to cause you harm. That is the first level of validity for your claim.
What Types of Doctors Commit Medical Malpractice Most Often?
Any type of doctor is susceptible to committing medical malpractice. These are the types of doctors with the highest rate of claim complaints.
Surgeon
It takes great skill, knowledge, and experience to become a competent surgeon.
Unfortunately, there are instances where the surgeon becomes complacent and falls into a routine that takes the patient for granted, failing to provide adequate supervision for their staff.
Many instances could be described as surgical errors, including the following:
- Operating on the wrong patient
- Performing unnecessary procedures
- Leaving surgical instruments inside a patient
- Errors that cause injuries to organs or nerve damage
- Not following infection protocols
There are various levels of complexity associated with different surgical specialties, such as neurosurgery or thoracic-cardiovascular surgery. These are considered high-risk procedures, which carry an increased potential for adverse outcomes.
Obstetrician and Gynecologist (OB/GYN)
An obstetrician and gynecologist are often involved in high-risk pregnancies and deliveries. There can be all kinds of complications depending on the health of the mother and the baby, which can lead to severe birth injuries.
Outside of pregnancy, there are also health issues that require a proper diagnosis. Failure to provide can lead to serious health problems.
Anesthesiologist
Anesthesiologists deliver toxic medications in support of many types of medical procedures.
An error with the dosage or monitoring can lead to traumatic brain injury or death.
Psychiatrist and Psychologist
Malpractice does not only apply to physicians and physical ailments. There can also be incidents of improper care from psychiatrists and psychologists. A psychiatrist can prescribe the wrong medication for a patient, which can generate adverse side effects.
A psychologist might not provide the proper coping mechanisms or recognize when a patient is in genuine distress. These can rise to the level of an actionable claim.
Pharmacist
A pharmacist gets their “orders” from the patient’s doctor.
Often, there can be a misunderstanding in the orders that leads to the wrong dosage being prescribed. Mistakes can also occur at the pharmacy when the wrong medication is provided. Any one of those errors can result in health problems.
Moving Forward with a Medical Malpractice Claim
There will be challenges with any type of medical malpractice claim, but they aren’t insurmountable. It all comes down to the evidence.
At McCoy & Hiestand, PLC, we only take on cases that we believe we can win. We don’t leave anything to chance when our clients are counting on a fair resolution. If you would like to discuss what happened, we can provide you with information about what you can expect when pursuing the claim.
