Medical Errors

A medical error is defined as a failure to provide the level of skilled care and prudence that would be reasonably expected under similar conditions. For a medical error to be considered medical malpractice, the following elements must be present in the case:

• A doctor-patient relationship existed 
• The doctor failed to provide reasonable care 
• The patient suffered harm 
• The doctor error was the cause of this harm

To establish these elements of your case, it is essential to seek the help of a qualified medical malpractice attorney with an intimate knowledge of the laws applicable to your case. Our experienced attorneys are prepared to evaluate your case to determine the best way to seek justice and obtain for you the compensation you deserve.

Incidence of Medical Errors in the US

According to studies published by HealthGrades (a group that rates health-care providers), as many as 195,000 patients die each year because of preventable doctor errors and other medical mistakes annually. This is roughly twice the number of people who die in car accidents and from breast cancer combined.  Despite these horrifying numbers, only one in eight injured patients or their families ever file a legal claim to seek compensation for their losses.

In addition to death, medical errors can cause serious harm such a birth trauma, unnecessary surgery, brain injury, loss of a body part, nerve damage, infection, disfigurement, disability, and more.

Common Causes of Medical Errors

• Failure to properly diagnose and treat a patient’s condition 
• Delayed, improper, or inadequate treatment 
• Failure to recognize and treat complications promptly and effectively 
• Failure to obtain consent for treatment 
• Surgical mistakes 
• Anesthesia mistakes 
• Prescription errors 
• Failure to obtain a complete medical history
• Poor communication between  thev medical staff
• Negligence or incompetence during a surgical procedure, which can include:
  • Use of unsterile surgical equipment
  • Puncture or damage to nearby organs or surrounding tissues
  • Nerve damag
  • Surgical instruments or equipment left in a patient’s body
     

In some of the most shocking medical error cases, the wrong surgery is performed, a wrong body part is operated on, or surgery is performed on the wrong patient.

Medical errors and your legal rights

By pursing a medical malpractice claim, you have the legal right to seek compensation for injuries caused by a negligent medical professional. Under a medical malpractice claim, a medical error victim may be eligibe to receive compensation for their losses including pain and suffering, loss of past and future earnings , past  medical expenses, and future medical needs.. 

It is important to know that medical malpractice lawsuits are subject to a statute of limitations, which limits the time you have to file a claim. Please contact us to protect your legal rights.

Are you a victim of a medical error?

If you suspect that a medical error has caused serious injury or death to you or a loved one, it is important to contact an experienced and qualified medical malpractice attorney.

The qualified attorneys at Eisenberg, Rothweiler et al. have a wealth of experience protecting those who have been injured due to medical malpractice. We can evaluate your case free of charge to determine the best way to protect your legal rights. Please contact us to speak with a medical malpractice attorney near you.