Medical negligence is the act or omission in treatment of a patient by a medical professional, which deviates from the accepted medical standard of care. Medical malpractice can take the form of negligence, in which the doctor, nurse, medical professional, hospital, or medical facility did not take the proper action at the proper time. Doctors take the Hippocratic Oath which is a promise to treat their patient's to the best of their ability and avoid causing them harm. When a medical professional breaks this oath, they are negligent under the legal definition.
Medical negligence or medical malpractice lawsuits can be brought against surgeons, plastic surgeons, doctors, nurses, anesthesiologists, obstetricians, radiologists, hospitals, surgical centers, nursing homes, and medical clinics.
Types of medical negligence or medical malpractice
Failure to diagnose a medical condition or failure to diagnose in a timely manner
Failure to diagnose a medical condition in a reasonable time may cause the condition to worsen. In fact with many cancer cases, early detection is the key to preventing the cancer from spreading to the point where it is irreversible, ultimately leading to death. Although certain cancers, including pancreatic cancer, ovarian cancer, and small-cell lung cancer have a low chance of recovery for the patient no matter when they are treated, other cancers, including breast cancer, colon cancer, and non-small cell cancers have a high chance of being treated if detected early. This is where failure to diagnose a medical condition or failure to diagnose in a timely matter, such as failing to diagnose certain cancers, may be medical negligence.
Failure to follow up with the proper treatment
A doctor who fails to monitor a patient after prescribing treatment may be guilty of medical negligence. This includes a doctor failing to adjust a patient's medication over time, switching a patient to a new medication, or terminating the medication if the medical condition requires such changes.
Surgical error
Surgical errors include the surgeon accidentally cutting a vital organ, which may lead to foreign fluids entering and causing infections, such as urine or feces, entering the abdominal cavity, which may cause severe infections, possibly resulting in death. Another example of a surgical error could result from the surgeon removing the wrong body part, such as the wrong organ from a patient; even leaving an instrument behind in a patient's body, would fall under the category of surgical error.
Anesthesia error
Anesthesia errors are quite common, including in non-hospital settings, such as medical centers or doctor's offices, involving elective plastic surgery. In non-hospital environments, a mistake made post-surgery by an anesthetist, who is improperly trained, could lead to a catastrophic result for the patient. The doctor's office may not have the proper emergency staff available to correct the problem in time and this could lead to severe brain injury or death for the patient. Anesthesia errors occur in hospitals as well, including after a successful operation, whereby the anesthesiologist fails to properly revive the patient in the post anesthesia care unit.
Medication error
Medication errors occur frequently in medical facilities:
- The medical staff may not properly review the patient's background, including examining if the patient is already taking medication that may not be compatible with the new medication given.
- The patient may be allergic to the medication and have an adverse reaction.
- The patient may not be properly monitored for the reaction to the medication.
- The patient may be given an overdose of the medication.
- A pharmacist may also prescribe the wrong medication to a patient, including not reading the doctor's prescription correctly.
