Medical Malpractice Lawyer In Lexington, KY
What is Medical Malpractice?
Healthcare providers have a duty to adhere to a certain standard of care when treating patients. Medical malpractice occurs when a healthcare provider fails to take appropriate action in treating a patient.
The requirements for a medical malpractice claim involve the following:
- Duty of care: A medical professional has a legal obligation to provide a certain level of care to patients. This standard of care is established based on what a practitioner in the same field would have done in the same or similar circumstances.
- Breach of duty: Either through an act or omission, a healthcare provider fails to administer appropriate care.
- Causation: A physician’s act causes a chain of events resulting in injuries (factual cause), and the physician’s actions foreseeably cause the patient harm (proximate cause).
- Damages: As a result of the physician’s carelessness, the patient suffered measurable losses in the form of injuries, emotional trauma, and financial hardship.
Types of Medical Malpractice Cases Our Firm Handles
Misdiagnosis
A misdiagnosis is considered medical malpractice if a reasonable physician under the same circumstances would have correctly diagnosed the patient. In many cases, misdiagnosis is the result of a physician not taking adequate time to examine the patient and/or order necessary imaging.
Administering the Wrong Drug
This mix up often happens when a patient is hospitalized, when medical staff is under time constraints to administer medication to an entire wing. No matter the cause, the consequences of a patient taking the wrong medication are often dire.
Surgical Errors
Whether it be leaving a surgical sponge in a body cavity, operating on the wrong patient, or operating on the wrong body part, surgical errors occur all too frequently. Depending on the gravity of the error, a surgical error may place a patient in worse health than if the person received no medical care altogether.
Anesthesia Errors
An anesthesiologist serves the crucial role of making patients comfortable during surgery by administering anesthetics. To do so safely, an anesthesiologist must monitor a patient’s heart rate, blood pressure, and other vital life functions, adjusting treatment accordingly. If an incorrect dosage is administered, the implications can be life-threatening.
Improper Training of Nursing Staff
Hospitals rely heavily on nurses to administer intravenous fluids and monitor blood pressure and other vitals. If nursing staff is improperly trained, this could result in delays in treatment, ultimately costing a patient’s life.
