Misdiagnosis is the leading type of medical malpractice claim. Other common medical malpractice claims in South Carolina are surgical errors, medication errors, birth injury, and acquired infection. Medical malpractice occurs because of systemic failures, incompetence, and care provider negligence.
Our experienced Greenville medical malpractice lawyer at Bobby Jones Law explains the five most common types of medical malpractice claims in South Carolina.
What Is Medical Malpractice Under South Carolina Law?
Medical malpractice under South Carolina Law occurs when a healthcare patient receives care that doesn’t meet a reasonable standard. Medical malpractice is a failure to do what a reasonable healthcare provider would do, or it is doing what a reasonable healthcare provider would not do. It is a failure to provide medical care that meets minimum standards of competency, skill, attention, and service.
Misdiagnosis and Delayed Diagnosis: A Leading Cause of Harm
Twenty-six percent of medical malpractice claims are because of misdiagnosis and delayed diagnosis. That makes misdiagnosis the leading cause of medical malpractice claims.
A study in Clin Med reports that 10% of adverse events in hospitals are misdiagnoses. Another study says that one in 18 emergency department patients will be misdiagnosed. One in 350 emergency room patients may suffer severe harm because of misdiagnosis. Unclear, non-specific, or transient symptoms may increase the likelihood of a diagnostic error.
Diagnostic errors can cover a wide spectrum of diseases and conditions, including cancer, heart and circulatory system problems, stroke, spinal cord injury, pulmonary embolism, drug reactions, infection, and disease. Errors may occur at the primary care level, with specialists, or in emergency services. Underlying causes may include confirmation bias, lack of training, rushing, fragmented care, and distraction.
Johns Hopkins says that 795,000 people suffer catastrophic or fatal injury because of misdiagnosis each year. A misdiagnosis can lead to improper care that causes harm or delays the person in getting the treatment they need.
Part of the legal duty to prove adequate medical care is to apply the knowledge, time, and resources to make an accurate diagnosis. Not all cases of misdiagnoses are medical malpractice. The question is whether the care provider should have made an accurate diagnosis under the circumstances. That may include whether they should have ordered more tests, asked more questions, or interpreted results differently.
Surgical Errors That Can Lead to Life-Altering Injuries
Surgical errors are the second-leading cause (25%) of medical malpractice claims in the United States. The World Health Organization (WHO) estimates that surgical error is responsible for 10% of preventable harm in medical care.
Surgical errors include:
- Operating on the wrong body part
- Anesthesia errors, poor monitoring of the patient
- Instrument or sponge left in the body
- Wrong procedure
- Nerve damage
- Improper technique
- Failing to recognize complications
- Fall during surgery
- Mislabeling a specimen
A surgical error is a preventable, unintentional event occurring during an operation. It is not, by itself, a negative outcome or an acceptable risk of surgery.
Underlying causes of surgical error include insufficient training, lack of attention and diligence, and unnecessary emergency surgery.
For patients, the harm can be catastrophic. Harm may be temporary or permanent. One study reports an average liability of $136,452.84 for wrong-site surgery medical malpractice claims included in the study. Surgical error can harm healthy body tissue or prevent the person from receiving treatment for the part of the body needed. It can cause bleeding, longer healing times, scars, mobility impairment, and pain.
Medication Mistakes: Dosage, Drug Interactions, and Prescription Errors
The WHO says that medication mistakes account for half of avoidable harm in health care. They say that approximately 3% of healthcare patients may be harmed by a medication error.
Errors can happen in many ways, including dispensing the wrong medication, giving the wrong dose, or administering a drug to the wrong person. The medication may be given at the wrong time or in an improper way. Underlying causes may be poor communication, poor product labeling, rushing, inattention, or a lack of checks to prevent error. A patient may be given incorrect instructions for drug use.
Pharmacy malpractice
One study found that 64.8% of U.S. adults took a prescription medication in a one-year period. Prescription use increases with age.
There are thousands of pharmacies in South Carolina. 72% of these pharmacies are retail establishments, where errors are most likely to occur. Retail pharmacies sell prescription and over-the-counter medications to the public. Other establishments cater to hospital patients, specific medical needs or mail-order requests. Workload and varied responsibilities may contribute to high error rates in retail settings like CVS, Walgreens and Walmart.
Pharmacy error can occur at several stages, including communication of the order, drug dispensing, distribution, instructions for use and patient monitoring. Human error is often to blame, but human error can result from poor systems.
Harm from a medication error can include medication interaction, failing to get needed medicine, or receiving too much of a medication. The person may suffer side effects, discomfort, or overdose. Disabling injury or fatality may occur.
Birth Injuries and OB/GYN Negligence Claims
Cerebral Palsy Guide says that birth injuries affect about 0.7% of births in the United States. A birth injury is a physical injury to a baby during childbirth. It is not a congenital birth defect.
Mechanical stress on the baby during delivery can cause injury. The use of instruments can cause physical harm. Some factors may make injury more likely, like the size of the baby, protracted delivery, or the baby’s position.
Healthcare providers may not notice signs of distress. They may have inadequate training or experience to respond to warning signs or may exercise inappropriate judgment when monitoring the mother and child. The necessary equipment and monitoring systems may not be readily available when needed.
Fetal heart tracing and signs of distress
Fetal heart tracing and heart strips monitor mother and baby. They track the baby’s heart rate and uterine contractions. Monitoring can show when the baby isn’t receiving adequate oxygen through the placenta.
An article in American Family Physician reports that fetal tracing is important to identify signs of distress. ACOG recommends fetal heart rate monitoring for high-risk pregnancies, including for preeclampsia, type 1 diabetes mellitus and intrauterine growth restriction. Correct interpretation prevents unnecessary surgical intervention.
ACOG classifies fetal heart rate patterns into categories. Category I patterns are normal. Labor intervention is not required. Category II patterns may include tachycardia, bradycardia, abnormal variability and deceleration abnormality. Medical professionals must properly interpret category II patterns, using patient history, physical exmination and other information. Category II patterns may resolve, or medical intervention may be required. Category III patterns indicate hypoxia, acidosis, a likelihood of neurologic injury and other poor outcomes. Medical professionals must respond urgently.
Attorney Bobby Jones is a highly authoritative source for medical malpractice claims involving fetal heart tracing and heart strips monitoring. We invite you to contact Bobby Jones Law to immediately discuss your case with a qualified attorney.
Birth injury can be challenging to diagnose. An injured child can’t tell care providers that something is wrong. Warning signs may include crying, lack of movement in certain limbs, bruising, or abnormal feeding.
In addition to birth injury, OBGYN negligence may include failing to diagnose a condition during pregnancy, lack of informed consent, and neglect in prenatal or postnatal care.
Hospital-Acquired Infections and Poor Postoperative Care
A surgical site infection is a dangerous complication that may result in increased costs, longer hospitalization or patient death.
The clinic or hospital may not realize that there is an infection. Doctors may attribute symptoms to other causes, or they may not adequately test to make a proper diagnosis. Failing to identify sepsis can delay critical treatment.
In addition, Sepsis can develop from surgical wound infection. One study found that surgical wound infection occurred in 4.7% of general surgeries. Another source says that surgical site infection may occur in 19.3% of cases. Bacteria may enter the wound, or poor wound care may contribute to sepsis.
Hospital-acquired infection is a common type of medical malpractice claim in South Carolina. Our law firm can investigate negligence that may have resulted in sepsis.
Filing a Medical Malpractice Claim in South Carolina: What You Need To Know
Medical malpractice claims in South Carolina work differently from other claims. There are procedural steps, and you’ll rely on expert witnesses to provide medical evidence. You must prove the elements of medical negligence. You may have a Greenville medical malpractice lawyer represent you.
Contact an Experienced Greenville Medical Malpractice Lawyer
Bobby Jones Law is an experienced Greenville medical malpractice lawyer. We know the most common types of medical malpractice claims in South Carolina. We represent people who have been harmed by poor medical care. Call or message us now.
