Understanding Medical Negligence: Do You Have a Case?

When you go to the doctor or hospital, you put your trust in professionals to help you feel better. Sometimes, things do not turn out the way you expect, and you may wonder if what happened was just a poor outcome or if something was actually done wrong. Understanding medical negligence and whether you have a case is an important next step.

What is medical negligence?

Medical negligence happens when a doctor, nurse, or other healthcare professional does not give the standard of care that others in their field normally provide, and because of this, a patient gets hurt. It is not simply making a mistake or having a bad outcome from treatment. Instead, medical negligence means someone did not do what most other healthcare workers would have done under the same circumstances.

If this occurs, the patient may have grounds to pursue a medical malpractice lawsuit against the medical professional and/or the hospital where they were treated.

Examples of medical negligence

Understanding how medical negligence can show up can help patients spot and respond to unsafe care. Each situation is different, but there are several types that often lead to serious issues.

Missed or delayed diagnosis

Doctors are responsible for paying attention to symptoms and unusual test results. Sometimes, a healthcare provider fails to notice abnormal labs, imaging, or signs that signal something is wrong. For instance, cancer might be overlooked on a scan, or a follow-up on worrisome blood tests doesn’t happen. When a diagnosis is missed or delayed, the patient can miss out on necessary treatment and may end up facing a more severe stage of illness.

Surgical errors

Hospitals have strict protocols they’re supposed to follow when it comes to surgical procedures. If they fail to take appropriate care—for example, they operate on the wrong body part or leave an object inside a patient—serious harm can occur.

Medication mistakes

Medication needs to match the condition and needs of the patient. Errors can include giving the wrong drug, using an unsafe dose, or ignoring possible drug allergies, leading to severe reactions. There may also be medication interactions your doctor should have disclosed, leading to dangerous side effects. These oversights often result from a lack of communication or documentation.

Hospital negligence

Negligence at the hospital level increases patient risk during their stay. Common examples include ignoring fall hazards, which puts at-risk patients in danger. Failing to prevent bedsores shows the staff did not provide the needed regular movement and care.

Sometimes, serious problems go beyond just one staff member and point to bigger issues within the hospital itself. When staff work in unsafe conditions, are forced to rush because of understaffing, or lack proper training and support, bad outcomes become more likely for everyone.

Misdiagnosis

Misdiagnosis happens when a doctor gets your illness wrong. Instead of identifying your actual medical issue, they might say it’s something else. Getting a wrong diagnosis can lead to wrong treatments, new health problems, or your real condition getting worse.

Birth injuries

Pregnant women and their newborns depend on timely and careful monitoring during labor and delivery. Negligence before, during, or right after childbirth can lead to serious injuries. Examples include delays in recognizing when a cesarean section is needed or failing to act when labor becomes risky for the baby.

Informed consent failures

Medical professionals are required to let you know what procedure you are getting and what the risks are. They should also let you know what the risks are of not getting the procedure. The idea is that patients have the right to make their own decisions, but can only do so if they are given the right information.

If you’ve suffered serious injuries after seeing a medical professional and think it may be at least in part due to their negligence, you should reach out to a medical malpractice lawyer to see if you have a possible legal claim.

How to know if you have a medical negligence claim

Medical care comes with certain expectations. You trust your doctor to listen, diagnose, and treat you to the best of their abilities. But sometimes, things go wrong in ways that just don’t feel right. It’s not always easy to know if what happened to you is just a bad result or something more. There are some signs that might make you wonder if you actually experienced medical negligence instead. Some common ones include:

 

• A worsening condition after receiving care
• Unexplained injuries, infections, or unexpected problems following treatment
• Repeated mistakes with diagnosis, medication, or surgery
• Medical staff are putting off answering questions about what happened

If any of these things sound familiar, it’s important to know the basic legal elements lawyers look for when deciding if a medical negligence case exists.

Duty of care

First, you have to prove that the doctor or medical professional owes you a duty of care. This element of the case is fairly easy to prove—when you see a doctor and form a doctor–patient relationship, a duty of care now exists, and they must treat you in a way that is in line with the standard of care. By being your medical provider, they have agreed to act as a careful medical professional would.

Breach of duty

Next, you must prove that the duty was violated. This happens when someone on your care team makes a mistake or doesn’t act the way most professionals would in a similar situation. Not every bad result means negligence occurred, but it’s a sign that you should look closely at what occurred. If the doctor didn’t listen, missed obvious symptoms, or failed to follow standard practices, that might be a breach of duty.

Causation

Causation is about connecting what the professional did (or didn’t do) directly to your injury. You have to prove that because of negligence, you experienced a poor outcome. It’s not enough just to prove that someone who treated you was negligent—if it didn’t cause you any harm, or you were harmed but it was totally unrelated to this negligence—then you won’t have a successful case.

Damages

Finally, you have to prove that you actually suffered harm and damages. This is usually done by pointing to additional medical bills, pain and suffering, the need for more treatment, or loss of income.

These elements can be somewhat confusing to understand and prove, but that’s why you need to speak with a lawyer as soon as possible after experiencing what you think might be malpractice.

Our firm has decades of experience representing injured people in medical malpractice matters. If you have any questions about a possible medical malpractice case, don’t hesitate to reach out. Contact Nace Law Group today to schedule a free consultation with a medical malpractice lawyer.