Who can sue for medical malpractice?

Medical Malpractice is a serious issue in our hospitals with an average of more than 225,000 people who die from medical malpractice related injuries each year. A US Department of Justice report in 2007 noted that the number of payouts stemming from a survey of medical malpractice cases increased 40%. In addition, The Institute of Medicine of the National Academies said medication errors and malpractice potentially killed or harmed one and half million Americans in 2006 alone.

There are many forms of medical malpractice which often result in death. Some include surgical malpractice, medication errors, bacterial infections, birth injury, dental malpractice, diagnosis error and negligence.

One form medical malpractice can take is in surgical errors. Surgical errors may range from consequences stemming from pre-operative care to perforations of internal organs by a surgical utensil during the procedure. According to the Centers for Disease Control and Prevention in 2007, there were well over fifty million surgical procedures in the United States that year alone. Every time a person has to undergo a surgical operation, there are risks of medical and surgical malpractice.

Examples of surgical errors include:

  • Use of unsanitary surgical utensils
  • Incorrect incision
  • Organ puncture or perforation
  • Surgery on wrong organ
  • Delayed surgery

With medication errors, sometimes the doctor, hospital staff, or pharmacy prescribes, either due to a faulty diagnosis or negligence , the wrong dosage of a medication. Other possible medication errors leading to wrongful death are diagnostic error, such as misdiagnosis leading to the wrong type of therapy, failure to use an indicated diagnostic test, misinterpretation of test results and equipment failure.

Misinterpretation of other medical orders, such as failing to give a patient a salt-free meal, as ordered by a physician can be simple but lead to serious injury or death. Even with simple dental procedures, a patient can lose their life through the misuse of anesthetic.

If the injury or loss of a loved one was caused by another person or through the negligence of an institution, you and your family could be eligible to pursue a wrongful death suit with the help of a wrongful death attorney. Alternatively, if the injured person is your child or if you are their guardian or next of kin, you may be able to bring a claim on their behalf. If a loved one died because of medication, treatment, or surgical error, you need to know your rights and seek advice from an attorney specializing in medical malpractice.

If you or a loved one have been injured as the result of a surgery, medication, or other medical treatment, and believe your injury may have been the product of medical malpractice, you need an attorney that has experience in dealing with medical malpractice claims by your side to make sure you receive all the benefits and compensation you are entitled to as a result of your injury. You need experienced and aggressive attorneys like Dan Newlin & Partners to help you get everything to which you may be entitled. Call us at (407) 888-8000 for a free consultation and to have all your questions answered regarding your injury.