Modern medicine has skyrocketed in the past century, offering affordable treatment and advanced quality of life to an increased amount of patients. Never before in history has mankind harnessed so much understanding and control over the processes and ailments of the human body. However, our knowledge, technology, and practice is not without flaw. As modern medicine and treatments continue to advance, mistakes are bound to happen.
Sometimes treatments may come with nasty side effects. An individual's body, innately unique, may react to a treatment in an unexpected way. At other times, a treatment may simply not work at all. None of these mistakes are inherently wrong. They are the foundation on which modern medicine continues to improve and advance--the scientific method of trial and error.
Some mistakes and errors do not fall within this category. When you are admitted to a hospital or see your doctor, you are placing your health in the hands of someone else. Like all professionals and businesses shouldering this responsibility, hospitals and doctors should be held to industry standards to ensure the safety of their patients. When medical staff fails to meet this requirement, they have committed medical malpractice.
Medical malpractice is a legal field as wide as automobile accidents. However, three distinct cases are prominent:
Misdiagnosis
Misdiagnosis or delayed diagnosis constitutes a large fraction of claims in this field. Doctors or physicians who incorrectly diagnose a patient's condition, or fail to recognize and diagnose an ailment for an unreasonable time, may cause patients to receive inadequate treatment that fails to prevent harm or even death. The basis of these claims are often determined by comparing the offending medical professional to other professionals and how they would have handled the situation. If it is clear the medical professional did not meet the industry standards of health and safety, he or she may be liable for malpractice.
Error in Prescribing Drugs
Often a consequence of misdiagnosis, errors in prescribing drugs are a prominent cause of medical malpractice. This can occur in a number of ways. A medical professional may simply prescribe the wrong drug to a patient, the correct drug for a misdiagnosed condition, or the right drug but an incorrect dosage. In hospital settings, nurses may fail to administer the proper dosage, or specialized equipment that automates drug administration malfunctions and treats the patient with an improper dosage. All of these scenarios are grounds for malpractice.
Surgical Errors
When patients opt for surgery, they quite literally place their lives in the hands of the surgeon. During the procedure, each choice the surgeon makes might mean life or death, full recovery or prolonged ailment. While ineffective surgery is always a possibility, injury as a result of negligence or malpractice is certainly the basis of a lawsuit. A surgeon may damage nerves or organs, fail to remove medical equipment from the body, or fail to control blood loss. Post-operation procedures performed by the medical staff may also be inadequate in restoring normal function levels to the patient.
In Texas, hospitals and medical professionals will likely fight aggressively in medical malpractice lawsuits. The lawyers at Colley and Colley know this and will use years of experience and strategy to defend the rights you deserve. If you are a victim of medical malpractice, contact an experienced East Texas attorney today.
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