Medical malpractice claims in Greenville provide compensation to victims of preventable medical harm. Our experienced Greenville medical malpractice lawyer at Bobby Jones Law explains the common errors leading to claims, including misdiagnosis, medication, and surgical errors.
What Counts as a Medical Error Under SC Malpractice Law?
A medical error is an adverse, unintentional event in providing medical care. In SC malpractice law, a medical error is a mistake resulting in substandard medical care being given to a patient. It may be an affirmative act or a lack of action. The standard is a minimum level of what a reasonable healthcare provider would do.
When a medical error results in harm to a patient, the victim may have a claim for monetary damages.
Top Types of Mistakes: Misdiagnosis, Medication, and Surgical Errors
The Medical Error Reduction and Prevention study reports that human error is a leading cause of adverse events in medical care. Human error may include a deficiency in skill, poor communication, and organizational failures. Three of the leading causes of medical malpractice claims in Greenville, SC, are misdiagnosis, medication mistakes, and surgical error.
Misdiagnosis
A misdiagnosis occurs when a medical professional incorrectly identifies a medical issue or disease. The care provider may diagnose a medical issue when there is none. Alternatively, the provider may diagnose someone with the wrong issue, injury, or condition.
Johns Hopkins estimates that 795,000 patients are harmed by misdiagnosis in the United States annually. Incorrect diagnosis may account for five to 20% of patient encounters.
Misdiagnosis may occur because:
- A provider doesn’t take the time to fully investigate or identify symptoms.
- Inadequate training or knowledge results in a lack of skill to identify the problem.
- Bias may lead the care provider away from the correct diagnosis.
- A care provider lacks the required area of practice.
- Bad equipment or a lack of supplies prevents the provider from conducting a test.
- High workloads result in careless work.
- Inadequate record management may result in incorrect monitoring.
The factors leading to a diagnostic medical error can be multiple and complex.
Misdiagnosis can cause health complications. A person may not receive the treatment they need or may receive unnecessary treatment that may cause harm. Needed care may be delayed, worsening symptoms.
Medication errors
The World Health Organization (WHO) reports that as many as three percent of healthcare patients suffer preventable medication-related harm. WHO notes that 25% of medication errors are severe or life-threatening.
Medication errors can happen in an inpatient or outpatient setting. Ways medication errors occur include the following:
- Giving medication to the wrong patient
- Providing the incorrect dose
- Providing medication at the wrong interval
- Harmful drug interactions
- Failing to provide adequate instructions to the person taking the drug
- Prescribing a drug without consideration for side effects
- Harmful method of delivery
- Prescribing the wrong medication for the patient’s need
- Missing a dose of medication
Medication prescribing and dispensing errors can cause a decline in patient health, longer healing times, and increased medical costs. A person may experience physical and psychological trauma because of a medication error.
Surgical errors
A surgeon must have adequate knowledge, ability, and skill for the procedure they are undertaking. Surgical errors include:
- Operating on the wrong body part
- Improper procedure
- Foreign object left in the body
- Incorrect use of an instrument, wrong instrument
- Lack of patient monitoring, failure to address complications
- Preventable nerve or tissue damage
- Suggesting surgery when it is not necessary or inappropriate
- Inappropriate follow-up care
- Preventable infection
- Errors in the use of surgical specimens
- Uncontrolled bleeding, anesthesia errors
A surgical error is harm that occurs beyond the acceptable medical risk of surgery. Poor training may contribute to surgical errors as well as systemic failures, such as poor records management, improper staffing, and poor employee supervision.
Other kinds of medical malpractice
In addition to medical error, neglect, inadequate fall protection, failure to monitor, and poor sanitation can also amount to professional malpractice.
How Hospital Negligence Contributes to Preventable Injuries
Hospital negligence may contribute to preventable injuries when systemwide, institutional practices make errors especially likely. For example, a hospital may not have the latest equipment or adequate supplies. They may insist on outdated practices.
Employees who show signs of carelessness or failing to follow procedure may not be appropriately retrained, disciplined, or removed from practice. Overstaffing may result in fatigue or rushing between procedures. Healthcare providers may not receive the support they need for continuing education.
Investigating common medical errors as part of a medical malpractice claim should include evaluating institutional practices. In addition to an individual error made by a care provider, hospital, facility, or practice group, negligence may be grounds for medical malpractice liability.
Who Can Be Held Liable in a Medical Malpractice Case?
A person or an entity can be liable in a medical malpractice case. A claim isn’t just limited to a doctor; a wide range of medical professionals can be held accountable. Individuals include general practitioners, specialists, surgeons, pharmacists, nurses, and others involved in patient care. In addition, a medical care group, hospital, or institution may be liable. An important part of a case is investigating who may have liability and how to name defendants in a claim.
How To Prove a Medical Mistake Was Legally Actionable
A medical error is one requirement for a medical malpractice claim. There are several additional elements that a victim must prove. The victim must show that the medical care provider had a duty of care to the patient. Usually, this is present when the person or entity provides care. The medical mistake must be the cause of harm to the victim. The victim must identify damages.
Expert medical testimony is required to prove the standard of care and how the care provider failed to meet that standard of care.
Contact an Experienced Greenville Medical Malpractice Lawyer
If you have been hurt by a medical error, you may have a medical malpractice claim. Bobby Jones Law is a Greenville medical malpractice lawyer. Contact us to talk to an experienced attorney and get help today.
