Owensboro Medical Malpractice Lawyer

The idea that doctors should not harm their patients is the most fundamental part of a doctor’s Hippocratic Oath. While other healthcare providers don’t take an oath, they still owe a duty to their patients to not cause harm. It’s especially upsetting when a healthcare provider causes us harm because we expect healthcare professionals to make us better, not worse. On top of the emotional harm this causes, medical malpractice often results in physical harm as well. You could have a medical malpractice case if you suffered an emotional or physical injury from a healthcare provider’s mistake. When a healthcare provider breaches their duty, you aren’t alone. An Owensboro medical malpractice lawyer can help.

What Are Common Medical Malpractice Cases?

There are thousands of variations in medical malpractice cases. Here, we’ll give several examples of common medical malpractice cases. But there are aspects of your case—legal or otherwise—that a website blog can’t clarify. An attorney will apply all facets of medical malpractice law to your circumstances and help guide you toward potential compensation for your injuries. Contacting an Owensboro medical malpractice attorney will help you know whether you have a viable medical malpractice case.

Delayed Diagnosis or Misdiagnosis

A misdiagnosis is when a doctor fails to recognize the condition the patient has. Misdiagnosis is the most common type of medical malpractice case. When a misdiagnosis occurs, sometimes there are no repercussions. Either the patient gets better, or the condition is diagnosed later without it being any better or worse than it was before. However, when a doctor fails to recognize clinical signs and symptoms or fails to order additional medical testing, and the patient receives unnecessary, harmful treatment or no treatment, it could be medical malpractice. In a delayed diagnosis case, a patient could miss a treatment window because of a misdiagnosis resulting in the condition becoming untreatable, causing wrongful death, permanent disability, or other severe consequences.

Childbirth Injuries

Most medical malpractice claims are filed against OB/GYNs for birth injuries occurring before, during, or after childbirth. Conditions such as shoulder dystocia, nerve damage, spinal cord injuries, cerebral palsy, and cephalohematoma could indicate medical malpractice occurred because these conditions are avoidable. Birth injuries are generally caused by improper use of forceps or excessive force removing a baby from the birth canal, failure to recognize fetal distress, and mishandling the baby during birth.

Medication Errors

Prescribing the wrong medicine or an incorrect dosage are two medical errors. The error might come from the prescribing provider or the pharmacy. Such errors can cause adverse side effects, especially when interacting with another medication. A medication error could cause a mild allergic reaction, worsening medical conditions, and even death. Failing to recognize potentially dangerous drug interactions, allergies, or signs of drug abuse or overdose risks can also be medication errors. 

Surgical Errors

Surgery carries with it an inherent risk of harm and complications. In a perfect world, the patient is warned of these risks and makes an informed decision about whether surgery is right for them. However, once surgery commences, the patient’s well-being is out of their hands. The patient rightfully expects doctors, nurses, and other healthcare professionals to communicate vital patient information to each other during surgery and to follow all procedures flawlessly. If a provider fails to follow standard procedure and causes harm to the patient, the patient has a right to recover for the provider’s malpractice.

How Do You Prove Liability?

A simple way of explaining medical malpractice is when a healthcare professional breaches their duty of care to a patient, resulting in injury or death. The main crux of a medical malpractice suit is proving the professional breached their duty, often requiring expert testimony from an independent doctor. If another provider would not make the same mistake, that usually demonstrates a breach. 

Ultimately, proving liability in a medical malpractice case requires proving negligence. Negligence is a term of art in the legal community and has various elements an attorney must prove to win a medical malpractice case. Proving the medical professional breached their duty is only part of proving negligence. An attorney must also prove that a provider-patient relationship existed and that the doctor caused the patient to suffer a qualifying injury. Unavoidable surgical complications don’t typically amount to a qualifying injury. 

An Owensboro medical malpractice lawyer will be able to tell you whether your provider breached their duty, caused your injuries, and whether your injury is severe enough to warrant compensation. 

Who Is Liable for Medical Malpractice?

Although we often talk about malpractice on behalf of medical doctors, medical malpractice is a broader concept. It also applies to anyone working within the scope of healthcare services, such as nurses, anesthesiologists, healthcare facilities, and pharmaceutical companies. It might also apply to a hospital. Doctors are generally not hospital employees, but everyone else working there likely is. When hiring its employees, a hospital must reasonably inquire about an applicant’s education, training, and licensing. It might be liable if it fails to do so and an employee harms a patient. Additionally, if a hospital fails to investigate a doctor’s credentials before granting them privileges to treat in their hospital, and they injure a patient, the hospital can be liable. 

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