When you get care from a physician, a hospital, or any other type of medical professional or institution provider, you have the fair and reasonable expectation that you will receive high quality treatment. That is your right as a patient. However, unfortunately, it does not always happen. Medical errors are a serious problem. At Kennedy Watkins LLC, we fight for the rights of patients. Here, our Chicago medical malpractice attorney provides an overview of the most common types of medical errors and explains when such an error rises to the level of malpractice.
Why it Matters: Medical Errors are Dangerous
Mistakes happen. Unfortunately, in a health care setting, an error can lead to serious harm for a patient. A study cited by the National Institutes of Health (NIH) found that medical errors contribute to more than 250,000 deaths in the United States each year. For reference, that would make medical mistakes the third leading cause of death nationwide—behind only heart disease and cancer.
An Overview of the Most Common Medical Errors
Medical errors can come in a wide range of different forms. Some of them are, thankfully, relatively minor. However, sadly, other medical errors are very serious—they can cause a patient severe complications and potentially even put them in life-threatening situations. Here is an overview of some of the most common medical errors reported in Chicago:
- Delayed Diagnosis: An accurate, timely diagnosis is the key to getting proper medical care. Delayed diagnosis is a potentially serious medical error. It happens when a healthcare professional fails to identify a condition in a timely manner. A delayed diagnosis can lead to a worsening of the patient’s health. Delays can result from misinterpretation of test results, insufficient assessment of symptoms, or a failure to perform necessary diagnostic tests.
- Doctor Misdiagnosis: Misdiagnosis occurs when a doctor incorrectly identifies a disease or condition. When the wrong diagnosis is given, the results can be inappropriate treatment or even no treatment at all. It is an error that can occur due to a variety of factors—from inadequate medical history examination to a patient’s symptoms that mimic other diseases to a doctor rushing through their appointment with a patient. Misdiagnosis can delay the correct treatment and it can adversely affect the patient’s health outcomes.
- Anesthesiology Errors: An anesthesiologist is responsible for administering anesthesia safely, but errors can occur, leading to severe patient harm. Mistakes may involve administering too much, too little, or the wrong type of anesthesia. These errors can result in prolonged recovery, increased pain, and more severe outcomes such as brain damage or death. Anesthesiologists are working with powerful drugs. They must provide proper care.
- Surgical Errors: An error during surgery can be especially dangerous. Some of the most common examples include operating on the wrong site, leaving surgical instruments in the body, or performing the wrong procedure. These mistakes can cause severe infection, serious medical complications, or even death. Surgical errors are generally avoidable. They often stem from miscommunication or inadequate planning.
- Medication Mistakes: Prescription drugs are powerful. The proper medication must be given to a patient and it must be dispersed in the proper amount with accurate instructions on how to take it. Medication mistakes can involve dispensing the wrong drug, incorrect dosage, or ignoring potential drug interactions.
- Hospital Infection Exposure: Hospital infections are acquired during medical or surgical procedures and are alarmingly common in healthcare settings. These infections can be due to unsanitary conditions, improper staff hygiene, or the misuse of antibiotics. They complicate patient outcomes, extend hospital stays, and can even be life-threatening for patients. Medical providers must proactively protect patients from infection risk.
- Poor Aftercare: Aftercare matters—especially for patients who have had intensive operations, such as surgeries. In far too many cases, poor aftercare severely compromises a patient’s recovery. Some of the most common issues include inadequate follow-up, insufficient rehabilitation guidance, or premature discharge from medical supervision.
What You Need to Prove to Show a Medical Error is Medical Malpractice
The law does not expect medical providers to be perfect. In Illinois, a medical error is not automatically medical malpractice. For example, imagine a cancer diagnosis was delayed. A doctor missed it. Is that medical malpractice? The answer is “it depends”—while missing it counts as an error, it is only medical malpractice if there was negligence. Here are the elements of a medical malpractice claim for a medical error under Illinois law:
- Duty of Care: The first element requires proving that there was a duty of care owed by the healthcare provider to the patient. It is established by the existence of a doctor-patient relationship. You must prove a doctor-patient relationship.
- Breach of Duty: The next element involves demonstrating that the healthcare provider failed to meet the standard of care. A breach might occur through acts of omission or commission that deviate from what is accepted as appropriate treatment.
- Causation: Causation is required. You must show that the breach of duty directly caused the harm. To do so, you need to link the medical provider’s specific error to the adverse outcome that you suffered.
- Damages: Finally, you must demonstrate that you suffered actual harm. Damages can include physical pain, mental anguish, additional medical bills, and loss of earning capacity.
How Our Chicago Medical Malpractice Lawyers Can Help
Medical malpractice claims are notoriously complex. There are challenging, highly technical legal cases. Given the inherent challenges, it is imperative that malpractice victims have access to strong, experienced legal advocacy. At Kennedy Watkins LLC, our Chicago attorneys are prepared to investigate your case, explain your options, connect you with the right expert witnesses, and fight aggressively for justice. With a proven record of verdicts and settlements in complex claims, patients and families can count on our Chicago medical malpractice lawyers.
Contact Our Chicago, IL Medical Malpractice Attorneys Today
At Kennedy Watkins LLC, our Chicago medical negligence lawyers handle the full range of malpractice cases. If you or your loved one was the victim of a medical error, please do not hesitate to get in touch with us today. Initial consultations are free and fully confidential. From our Chicago law office, we handle medical malpractice claims throughout all of Northern Illinois.