An introduction to negligence in the medical profession

1. MEDICAL
MALPRACTICE
101
An introduction to
negligence in the medical
profession
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2. UNDERSTANDING NEGLIGENCE
In the medical profession, negligence is the failure to meet
the standard of care provided by an average medical
professional in a particular specialty. If a doctor or other
medical professional is negligent in their practice, and that
negligence causes a patient harm, the patient can seek
compensation for their damages through a medical
malpractice claim.

3. WHY MEDICAL MALPRACTICEOCCURS
Doctors and nurses might make mistakes for a number of reasons,
including:
 Fatigue
 Distraction of doctors or medical staff
 Overworked doctors or staff
 Excessive number of patients
 Doctor inexperience
 Faulty medical records
 “Tunnel-vision” by doctors (failure to see the larger context of a
patient’s medical problems despite the evidence)

4. DIDYOU KNOW?
 Medical error is the third leading cause of death in the United States,
according to research published in the BMJ.
 The vast majority of medical errors go unreported. A study published in
the medical journal Health Affairs found that 90% of hospital errors that
cause patients harm go unreported. One report by the inspector general
of the U.S. Department of Health and Human Services found that over
80% of hospital errors involving Medicare patients aren’t reported by
hospital employees.
 Just 1% of doctors account for one-third of all medical malpractice
claims.

5. CONSEQUENCESOF MEDICAL MALPRACTICE
When malpractice does occur, patients can suffer dearly for the
mistakes of the medical professionals.
Consequences for patients include:
 Further injury of an existing medical condition
 New injuries due to malpractice
 Medical bills resulting from malpractice
 Loss of work ability
 Diminished quality of life
 Wrongful death in medical malpractice

6. ANESTHESIA MALPRACTICE
Anesthesiologists require extensive training in order to perform their jobs
without doing harm to their patients. Anesthesia can be very dangerous if
administered improperly.
Anesthesia malpractice can occur:
 Before a surgery - If a patient isn’t instructed on what they should
and shouldn’t do before a procedure, or if a patient’s history isn’t
reviewed.
 During a surgery - If anesthesia is not administered properly, if vitals
aren’t monitored correctly, or if faulty equipment is used.
 After the surgery - If improper care is used during a patient’s
recovery phase.

7. BIRTH INJURIES
Birth injuries come in many forms, some of which can result in permanent
damage that a child and their family must live with for the rest of their
lives.
A few examples of birth injuries caused by malpractice include:
 Cerebral palsy
 Erb’s palsy
 Shoulder dystocia
 Brachial plexus injury
 Hypoxia (oxygen deprivation)
 Spastic quadriplegia

8. DENTAL MALPRACTICE
Mistakes in dentistry can have terrible consequences for patients. Dental negligence
can be costly, painful and lead to extensive medical needs in patients.
Examples of dental malpractice include:
 Tongue nerve injury during surgery (which can affect your ability to taste)
 Defective oral devices
 Complications from poorly applied dental crowns and bridges
 Failure to account for a patient’s medical history
 Failure to detect periodontal disease or oral cancer
 Anesthesia complications
 Unnecessary extraction of teeth
 Extraction of the wrong teeth

9. GASTRIC BYPASS MALPRACTICE
Gastric bypass surgery and lap-bands have helped thousands of people in
their struggles against obesity, yet so many patients have been injured by
gastric bypass malpractice.
Examples include:
 Leaks
 Surgical errors
 Failure to acknowledge complaints
 Excessive pain
 Medical problems such as blood clotting, kidney failure, or difficulties
breathing

10. PRESCRIPTION ERRORS
Prescription errors cause harm to approximately 1.5 million people in
the United States every single year. Prescription errors can occur at
many stages of the prescription process, from the doctor who writes
the prescription to the pharmacist who fills it.
Prescription errors include:
 Safety protocol failures
 Misread prescriptions
 Incorrect abbreviations
 Improper dosage
 Medication mix-ups
 Injection and IV errors

11. SURGICAL ERRORS
Every year, 4,000 patients suffer serious or fatal injuries
due to surgical errors.They include:
 Infections
 Surgical mix-ups and wrong procedure errors
 Improper administration of medications or
anesthesia
 Causing damage to organs or nerves because of
misuse or mishandling of surgical implements

12. FOREIGNOBJECTS LEFT IN BODY
DURINGSURGERY
In addition to the previously mentioned surgical errors, medical
professionals may also leave objects in a patient’s body after the surgery is
complete. A report from the Joint Commission found that from 2005 to
2012, there were 772 foreign objects left in the bodies of patients.These
incidents were much more likely to occur in emergency surgeries.
A few examples of the objects left in patients are:
 Sponges
 Needles
 Forceps
 Clamps

13. HAVEYOU BEENTHE
VICTIMOF MEDICAL
MALPRACTICE?
If you or a family member has been
injured because of a medical mistake,
you’ll need a Pennsylvania medical
malpractice lawyer who will look out for
your best interests. Pursuing a claim of
medical malpractice could help you
recover from your losses, as well as
protect other people from dangerous or
careless doctors.
Call us today at (800) 529-6600, or fill
out our contact form, for your free
consultation.
www.wnwlaw.com