What Happens in A Hospital Medical Malpractice Case?

In today’s modern world, there are countless innovative medical advances made in the medical field. However, with these advances come an increased frequency of medical errors.

These errors take several lives and cause harm to many people. In the United States, there are approximately two-hundred thousand (200,000) to four-hundred thousand (400,000) people who are injured or die due to medical malpractice.

Medical Malpractice refers to a professional carelessness made by a health care provider. The treatment provided is below the standard level of care in the medical community. As a result, the patient is injured or suffers fatal consequences.

Therefore, seeking guidance from San Antonio Medical Malpractice lawyers is a wise choice in obtaining the recovery you deserve.

Common Types of Hospital Malpractice Cases

The most common medical malpractice errors include:

  • Failure to accurately record a particular blood type: In 2003, a case was reported where the doctors performed a heart and lung transplant. The organ donor operation was performed without checking the blood type. Due to this medical error, the patient receiving the organs suffered from severe brain damage. This was a case of Hospital Malpractice that fatally resulted in a patient dying due to this error.
  • Surgery performed on the wrong side of the head: This is a rare medical malpractice case with few prior instances. In 2007, a neurosurgeon’s hospital made three catastrophic errors by operating three patients on the wrong side of their head. AS a result, one of the patients, who was 86 years old, died. 
  • Wrong leg amputation: In 1995, a patient was required to amputate his diseased leg. The surgeons performed surgery on the wrong leg and amputated the healthy leg. Due to this dire error, both of his legs were lost. Although uncommon, Hospital negligence cases do exist and the parties responsible must be held accountable.
  • Wrong Organ Removed: In 2006, a patient’s gallbladder was to be surgically removed. Instead of the gallbladder, the surgeon removed the right kidney of the woman who was 84 years old.  

Some other instances of Hospital negligence claims include: the wrong sperm used at the fertility center, a tumor removed with the surgical instrument left in the body, a screwdriver that was implanted in the patient, injuries while giving childbirth, anesthesia errors, and misdiagnosis or failure to diagnose.

Different Factors that Lead to Medical Malpractice

Medical professionals and hospitals are required to provide a specific standard of care. However, to prevail on a claim of medical malpractice, certain elements must be met. Successful medical malpractice claims include:

  • Failure to provide a standard of care: Under Texas law, health care providers must adhere to certain standards of care. The patient must have not faced any negligence on the part of healthcare professionals. A Hospital malpractice lawyer will determine who was negligent and how their actions caused your injuries.
  • Negligence resulting in injury: In some cases, the provider may be negligent, but no injury occurred. Consequently, there can be no claim. The patient must prove that due to the negligence, damages incurred as a result. Damages must be present in every negligence claim.
  • The harm must follow devastating consequences: Harm as a result of negligence in medical malpractice could be tragic. Some considerable damages could be pain and suffering, loss of wages and earning capacity, and permanent disability

Medical Malpractice Statistics

Medical Malpractice cases are among the third leading causes of death after heart disease and cancer.

  • Every year, 250,000 cases of medical errors are reported.
  • Between 2009 and 2014, the rate of claims of medical malpractice decreased by 55%.   
  • There are approximately 1 in 14 cases that get awarded with $1 million in damages.

How Can A San Antonio Hospital Malpractice Lawyer Assist?

According to the Centers for Disease Control and Prevention, there are 130 million emergency department visits in the United States each year.

San Antonio Hospital Malpractice Lawyer

As per federal law, all private hospitals approved for Medicare must offer emergency care to patients who require it, without considering the insurance status or the capability to pay the costs. 

However, certain exceptions exist with this rule. Suppose a hospital or an urgent health care clinic denied your treatment – and you are now experiencing health problems that developed as a result of this delay. Here, you will have the right to file a medical malpractice claim to obtain compensation for your damages.

Retaining a Hospital malpractice lawyer who understands the emotional turmoil on top of physical ailments you’re now facing will relieve a burden for you while you focus on recovery. 

Do you believe that a doctor has wrongfully denied you urgent treatment in a hospital? If so, understanding your rights and presenting the best possible case is key in obtaining compensation.  A lawyer will, among many things:

  • Review the minute details of the accident that will help determine whether a viable medical malpractice claim exists;
  • Conduct a thorough investigation to analyze how a clinic or a hospital wrongfully denied medical treatment;
  • Review how the denial by medical staff caused your current health problems;
  • Manage each aspect of the claim, including filing essential paperwork, along with communicating on the behalf of the victim;
  • Negotiate aggressively to obtain maximum compensation for your damages;
  • Represent you at court and during all aspects of the trial;
  • Provide insights into your case by reviewing legal and medical aspects from a professional perspective, as well as seeking expert opinions to strengthen your case.

Other serious Medical Malpractice offenses include: premature patient discharge from medical facility, pressure ulcers, fires in hospitals, and patients committing suicide. Retaining a knowledgeable lawyer who has the extensive experience to navigate all types of medical malpractice cases is key in obtaining justice for your rights.