It is the responsibility of every medical staff member and medical facility to provide patients with a basic standard of care. When that level of care is not met serious consequences can result, including death. A death due to medical malpractice that could have been prevented can not only be emotionally challenging for grieving families, it can be financially challenging as well.
As patients, any time we visit a hospital, medical facility, doctor’s office, or lab we have a level of expectation that the care we are provided will be both thoughtful and thorough. However, if a staff member or facility is negligent in their actions, or inactions, and a wrongful death due to medical malpractice occurs surviving family members of the deceased can take legal action against the negligent parties involved.
Cases where medical malpractice can be responsible for a patient’s death
Medical malpractice cases are rarely minor mishaps, many malpractice claims in this area involve:
- Misdiagnosis, failure to diagnose, or delayed diagnosis
- Errors in prescribing or distributing prescription medications by the doctor, medical facility or pharmacy/pharmacist; harmful prescription medications
- Errors made during screening or testing
- Lack of care
- Ongoing ineffective treatment
- Improper use of medical equipment and instruments
- Treatments performed poorly or incorrectly
- Birth injuries, labor and delivery errors
- Nursing home neglect and/or abuse, elder abuse
- Errors in treatments, procedures and surgeries by the medical staff
- Defective medical devices or equipment
- Lack of informed consent
Preventable errors and wrongful death
With medical malpractice cases involving wrongful death it is not uncommon for errors that could have been prevented to have played a large part in the matter. These cases often include:
Oxygen Deprivation – Deprivation of oxygen at birth can lead to traumatic results. Health care providers can be negligent in their actions during procedures and surgeries that can cause brain injury.
Birth Injury – Difficulties during delivery can cause newborns to be susceptible to serious birth injuries. Often, these injuries can be the result of excessive force when using vacuum devices, forceps, and other childbirth related tools.
Cancer Misdiagnosis – If serious cancer conditions are misdiagnosed it can cause the loss of precious time which cannot be afforded. Unfortunately, during the lost time misdiagnosed cancer can spread to other areas of the body meaning what once may have been a treatable disease can quickly turn into a terminal illness. Misdiagnosis of cancer can be the result of improper sampling of blood and/or tissue, inaccurate reading of lab results, or misreading cancer screening and mammogram tests.
Anesthesia – Complications involving the use of anesthesia can occur during a procedure or during monitoring following a procedure.
Delay Diagnosis – Sometimes doctors fail in their duty to reach a conclusion of a possible diagnosis or fail to rule out potential medical problems which would allow them to make an accurate diagnosis. Any negligence involved in failing to accurately diagnose a serious health condition can cause the death of a patient.
Hiring a medical malpractice attorney
Medical malpractice is very serious as it can lead to wrongful death cases. In the United States alone there are upwards of 100,000 wrongful deaths caused by medical negligence on an annual basis. For grieving families, the situations can be emotionally and financially challenging, and filing a lawsuit for a wrongful death due to medical malpractice can be an extremely complex and difficult ordeal. When you hire a personal injury attorney who is experienced in medical malpractice cases involving wrongful death the lawyer can provide you with experienced legal representation and work on your behalf to obtain financial compensation.
Are you the victim of medical malpractice? Because these cases can often be complex a medical malpractice attorney can help explain to you all of the legal options available to you, gather evidence, review medical procedures or standards of care, accurately calculate the value of the wrongful death case, provide negotiation skills, and fully prepare and file any documentation involved in suing the responsible parties. If you have any questions or would like to schedule a free initial consultation please don’t hesitate to call us today at (559) 222-5800.