Medical Malpractice
Boulder City Medical Malpractice Lawyers
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Medical malpractice occurs when a healthcare provider or institution makes a mistake in treatment or care that causes harm to a patient. These mistakes can be made in a variety of ways, from failing to diagnose a condition to performing an incorrect procedure on a patient.
The result of medical malpractice is often injury or death. In either case, patients and their families may be entitled to compensation for their losses. At Bertoldo, Carter, Smith & Cullen, our Boulder City medical malpractice attorneys are committed to helping victims of medical negligence seek the justice and compensation they deserve.
To learn more about your rights after a medical mistake, contact us online or call 702-800-0000 today for a free consultation.
What Is Medical Negligence?
Medical negligence is a term used to describe a situation in which a healthcare provider or institution fails to provide the standard of care that a reasonably prudent provider would provide in the same situation. This failure may cause harm to a patient, such as a life-threatening or debilitating injury. In some cases, this harm results in death.
Medical negligence can take many forms, including:
- Misdiagnosis or Delayed Diagnosis: When a healthcare provider fails to correctly diagnose a medical condition in a timely manner, resulting in delayed treatment or incorrect treatment. This can lead to worsening of the condition, complications, or even death.
- Surgical Errors: These errors can include performing the wrong procedure, operating on the wrong body part, leaving foreign objects inside the patient, or making mistakes during surgery that lead to injury or complications.
- Medication Errors: These can occur when a healthcare professional prescribes the wrong medication, the wrong dosage, or fails to consider potential drug interactions. This can result in serious health issues or complications.
- Birth Injuries: These occur during childbirth and can include injuries to the baby or mother due to negligence or mistakes made by healthcare providers. Examples include cerebral palsy, Erb’s palsy, and brain damage.
- Anesthesia Errors: Anesthesia-related mistakes can lead to serious complications, such as administering too much or too little anesthesia, failing to monitor a patient’s vital signs properly, or not considering the patient’s medical history when administering anesthesia.
- Failure to Obtain Informed Consent: Healthcare providers are required to inform patients of the risks, benefits, and alternatives of a medical procedure or treatment. Failure to obtain proper informed consent can lead to legal action if the patient suffers harm from the procedure.
- Neglecting Patient Safety: This can include a wide range of actions or omissions that compromise patient safety, such as not properly sterilizing equipment, not maintaining a clean environment, or not following proper protocols to prevent infections.
- Lack of Proper Supervision or Monitoring: Patients in hospitals or other care facilities need proper supervision and monitoring. Neglecting this duty can lead to complications, deterioration of the patient’s condition, or accidents.
- Communication Errors: Miscommunication among healthcare providers, such as not conveying important patient information accurately or in a timely manner, can lead to serious medical errors.
- Improper Record Keeping: Accurate and complete medical records are crucial for patient care. Failing to maintain proper records can lead to mistakes in diagnosis, treatment, and follow-up care.
Who is Liable for Medical Malpractice?
In a medical malpractice claim, several parties can potentially be held liable depending on the circumstances of the case.
The following parties may be liable for medical malpractice:
- Healthcare Professionals: This includes doctors, surgeons, nurses, anesthesiologists, radiologists, and other medical professionals who directly provide care to patients. They can be held liable if their actions or decisions deviate from the accepted medical standards and lead to harm.
- Hospitals and Healthcare Facilities: Hospitals can be held liable for the actions of their employees, including doctors, nurses, and other staff members. If a hospital’s policies, procedures, or inadequate supervision contribute to a patient’s harm, the hospital can also be held responsible.
- Medical Staff: Non-physician healthcare providers, such as nurses, nurse practitioners, and physician assistants, can be held liable if their actions or negligence result in harm to a patient.
- Pharmacists: If a pharmacist dispenses the wrong medication or fails to provide proper medication instructions, leading to harm, they can be held liable.
- Medical Device Manufacturers: If a medical device (such as a pacemaker, implant, or prosthetic) is found to be defective or malfunctions, resulting in patient harm, the manufacturer could be held liable under product liability laws.
- Pharmaceutical Companies: Similar to medical devices, pharmaceutical companies can be held liable if a medication they produce is found to be defective or causes harm due to inadequate warning labels or inaccurate instructions.
- Healthcare Corporations: In cases involving large healthcare organizations or corporate entities, they can be held responsible if their policies, procedures, or decisions result in patient harm.
- Third Parties: Sometimes, individuals or entities not directly involved in patient care can be held liable if their actions contribute to patient harm. For instance, if a hospital outsources certain services, like medical billing or diagnostic tests, and an error occurs, the third party may also share liability.
To prove medical malpractice, certain elements usually need to be established, including demonstrating that a doctor-patient relationship existed, the healthcare provider was negligent or breached their duty of care, the negligence directly caused harm to the patient, and the harm resulted in damages (such as medical expenses, pain and suffering, or lost income).
If you believe you or a loved one have been a victim of medical malpractice, contact our firm today at 702-800-0000 to schedule a free consultation.
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