What Is Birth Injury Medical Negligence?

So, what is medical negligence? Here’s one definition: An act or omission (failure to act) by a medical professional that deviates from the accepted medical standard of care.

While medical negligence is usually the legal concept upon which theses kinds of medical malpractice cases hinge (at least from a “legal fault” perspective), negligence on its own isn’t enough to form a valid claim. But when the negligence is the cause of harm to a patient, there may be a good case.

New York medical malpractice law requires the injured patient to also prove causation between the negligence and the subsequent injury. The negligence must be the actual cause in fact of the patient’s injury.

Medical negligence is an act or failure to act omission) by a medical professional – thereby not complying with the accepted standard of medical care. Medical malpractice is a legal cause of action that occurs when a medical or health care professional, through a negligent act or omission, deviates from standards in their profession, thereby causing injury to a patient. The negligence might arise from errors in diagnosis, treatment, aftercare or health management.

To be successful, any medical negligence claim must demonstrate that four specific elements exist. These elements, the “4 Ds” of medical negligence, are (1) duty, (2) deviation from the standard of care, (3) damages, and (4) direct cause.

Misdiagnosis

A large number of medical negligence cases involve misdiagnosis or delayed diagnosis. Misdiagnosing a patient or delayed diagnosis of a serious illness can have many damaging effects on a patient. Failing to diagnose a patient correctly can hinder them from receiving effective treatment early on. This can lead to their illness progressing and becoming more serious. If you believe that you have been misdiagnosed or received a delayed diagnosis, there are steps you can take. Most medical negligence lawyers will advise you to visit different doctors within the same speciality and compare your treatment to your original doctor’s approach. The key to proving malpractice is to demonstrate that another doctor of the same skill, under the same circumstances, would not have made a misdiagnosis.

Incorrect Medication

Incorrect medication prescriptions or administration of drugs is one of the most common cases of medical negligence reported. This can occur when a patient is prescribed the wrong drug for their illness, receives another patient’s medication or receives an incorrect dosage of medication. Incorrect dosages are the most common mistakes made in regards to medication errors and are usually the result of poor communication. A doctor may write an incorrect dosage for a patient, or a nurse may misread a report and administer the wrong dosage. Incorrect dosages are unacceptable and if you have been a victim of this mistake, it is worth consulting with your nearest medical negligence lawyers for more information.

Prenatal Care and Childbirth Negligence

Medical negligence cases often involve prenatal care or childbirth. Mistakes made during these stages can harm a child in many ways. Fetal injuries can involve brain injuries, bone fractures and damage to nerves that control limbs. Negligent prenatal care can result in harm to the mother and the fetus. Common errors made by doctors include failure to diagnose birth defects and failure to diagnose medical conditions that the mother has which can affect the pregnancy. Childbirth negligence is also often seen in medical malpractice cases. Errors that a doctor makes during childbirth can lead to harm or death of the baby and/or the mother. These can involve missing signs of birth complications, not responding to fetal distress appropriately and failure to order a cesarian section. If you have any concerns regarding your doctor’s treatment during your pregnancy or someone else’s, consult with respected medical negligence lawyers in your local area.

Surgery Mistakes

Medical negligence cases can arise when surgeons make mistakes in operating theaters. This may involve an error during the operation itself such as leaving surgical tools in the body, accidentally puncturing another organ or negligence in post-op care such as not following the correct procedure to avoid infection. Surgical mistakes can cause serious harm to the body. If you suspect that your surgeon has been medically negligent, take action immediately. Talk to another doctor and make sure you do not ignore it. Delaying a response to situations like these can result in further health complications or even death. If you have evidence that your surgeon has been negligent, research medical negligence lawyers and get in contact with one as soon as possible.

Anesthesia Administration

Errors made involving anesthesia administration are one of the most serious medical negligence cases. Mistakes made by anesthesiologists can result in permanent brain damage or death. Common examples of medical negligence committed by anesthesiologists include failure to take into account a patient’s medical history, insufficient delivery of information regarding risks, using faulty equipment or administering too much anesthesia to a patient. If you or someone you know of has experienced medical negligence involving anesthesia, it is important to consult with a legal professional immediately. Mistreated patients are entitled to receive some form of compensation if a medical professional has been negligent and it is important that they are held accountable for their mistake.