A missed cancer diagnosis. A surgical instrument left behind after a procedure. Medication was prescribed at the wrong dosage. Any of these medical errors can have devastating consequences, leaving patients facing additional treatment, permanent injuries, and overwhelming uncertainty.
However, it is important to understand that not every poor medical outcome is malpractice. Healthcare is a complex field, and even when providers follow appropriate procedures, patients may experience complications or unexpected results.
The key question is whether a healthcare provider failed to provide the level of care that a reasonably competent professional would have provided under similar circumstances.
When a preventable medical error causes harm, patients have the right to pursue compensation. Understanding the difference between an unfortunate outcome and negligence can help you determine whether you should seek legal guidance from Des Moines medical malpractice lawyers.
What Is Medical Malpractice?
If you suspect a doctor or hospital made a preventable mistake, the central question is whether the provider failed to meet the accepted standard of care. This standard reflects what a similarly trained medical professional would do in the same medical situation.
Because medical cases are complex, determining whether malpractice occurred requires a thorough review of medical records and input from qualified medical experts.
Not Every Medical Error Constitutes Malpractice
To pursue a medical malpractice claim, patients must establish:
- A provider-patient relationship existed.
- The healthcare provider failed to meet the applicable standard of care.
- That failure caused an injury.
- The patient suffered damages, such as additional medical expenses, lost income, disability, or pain and suffering.
The evidence must demonstrate that a healthcare provider failed to meet accepted professional standards and that this failure caused the injury.
Common Medical Errors That May Lead to a Claim
While every case is unique, certain types of medical mistakes appear more frequently in malpractice claims.
Misdiagnosis and Diagnostic Errors
According to a study published in BMJ Quality & Safety, diagnostic errors accounted for 28.6% of more than 350,000 medical malpractice claims analyzed over 25 years.
These mistakes may include:
- Failing to diagnose a condition
- Diagnosing the wrong condition
- Delaying a diagnosis
- Misinterpreting test results
- Failing to order appropriate testing
Conditions such as cancer, stroke, heart attack, infections, and blood clots require prompt diagnosis and treatment. When a provider fails to recognize important warning signs and a patient’s condition worsens as a result, malpractice may have occurred.
For example, a delayed cancer diagnosis may allow the disease to progress to a more advanced stage, potentially reducing treatment options and affecting long-term outcomes.
Surgical Errors
While all surgeries involve risks, certain preventable mistakes may indicate negligence. Examples of surgical errors:
- Operating on the wrong body part
- Performing the wrong procedure
- Damaging nearby organs or tissues
- Leaving surgical instruments inside a patient
- Anesthesia errors
- Failure to monitor a patient during or after surgery
In some cases, surgical errors may require corrective procedures, result in permanent injuries, or extend a patient’s recovery period.
Medication Errors
Medication mistakes can occur at multiple stages of treatment. Examples of these errors include:
- Prescribing the wrong medication
- Prescribing an incorrect dosage
- Failing to recognize dangerous drug interactions
- Pharmacy dispensing errors
- Administering medication improperly
These mistakes can lead to severe complications, hospitalization, organ damage, or even death. Medication errors may also occur when healthcare providers fail to review a patient’s allergies, medical history, or current prescriptions before prescribing treatment.
Delayed Treatment
Even when a condition is diagnosed correctly, delays in treatment can lead to serious harm. Delays in treating serious medical conditions may worsen a patient’s prognosis, including cases involving:
- Heart attack
- Sepsis
- Internal bleeding
- Serious infections
If prompt treatment would likely have prevented additional harm, a delay may constitute negligence.
Failure to Communicate Critical Information
Healthcare often involves multiple providers working together. When communication breaks down, patients can suffer serious consequences.
Examples of poor communication include:
- Failure to notify patients about abnormal test results
- Failure to communicate important information between providers
- Lost or overlooked lab reports
- Inadequate follow-up after testing
Missed test results and communication failures can delay diagnosis and treatment for months or even years.
Birth Injuries
Errors during pregnancy, labor, or delivery can cause devastating injuries to both mother and child. Potential causes of birth injuries include:
- Failure to monitor fetal distress
- Delayed cesarean section
- Improper use of forceps or vacuum extraction devices
- Medication errors during labor
- Failure to respond to pregnancy complications
These cases often involve long-term medical needs and may require extensive investigation by medical experts.
The Role of Expert Testimony in Medical Malpractice Cases
Determining whether malpractice occurred requires more than reviewing medical records. In most cases, qualified medical experts evaluate the care provided and compare it to the applicable standard of care.
An expert may review:
- The patient’s medical records
- Treatment decisions
- What a reasonably competent provider would have done under similar circumstances
- Whether the provider’s actions contributed to the patient’s injuries
In Iowa, expert testimony is often a critical component of a medical malpractice claim. These experts help establish whether a healthcare provider deviated from accepted professional standards and whether that deviation caused the patient’s injuries.
What Should You Document After a Suspected Medical Error?
If you believe a medical mistake harmed you or a loved one, thorough documentation can be extremely helpful. Consider gathering:
- Medical records
- Test results and imaging reports
- Discharge instructions
- Prescription information
- Medical bills and receipts
- Patient portal messages
- Emails or written communications from providers
- Names of healthcare providers involved in your care
- Insurance records and explanations of benefits (EOBs)
It is also helpful to create a written timeline detailing:
- Your symptoms
- Medical appointments
- Conversations with healthcare providers
- Changes in your condition
- Additional treatment you required
Documenting events while they are still fresh in your memory helps preserve important details.
Speak With a Medical Malpractice Attorney as Soon as Possible
Medical providers and hospitals often have substantial legal and insurance resources to defend against malpractice claims. Having an attorney evaluate the facts early can help preserve evidence and determine whether negligence may have occurred.
If you believe a preventable medical error caused serious harm, the Des Moines medical malpractice lawyers at our law firm can review your situation, consult qualified medical experts, and explain your legal options. To schedule a free consultation, contact us today.
Categories
Providing Unmatched EXPERIENCE On Your Case When you find yourself in a situation where you’ve been treated unfairly or you’re in the middle of a legal disagreement, it can be difficult to know what your rights are and how to proceed.