Feeling anxious that something will go wrong during a medical procedure is common. While for many people this is only a simple fear, it’s a reality for many Americans. Medical negligence occurs far too frequently. In fact, medical negligence is the third leading cause of death in America. If you or a loved one has suffered from medical negligence, dealing with the aftermath can be devastating. Finding the right help as a victim for medical neglect only adds to this already difficult situation. Doctors, hospitals, and other medical professionals are already well equipped to protect themselves in the event of medical negligence and malpractice. This can make victims feel hopeless when struggling with the harm that’s been done to them.
For victims of medical negligence in Dunmore, there is legal assistance that can help them get justice and compensation. Latona Law has been practicing law in the area for over 30 years and specializes in these difficult medical neglect cases.
How is Medical Negligence Determined?
Assessing whether or not an injury or death was caused by medical negligence can be nearly impossible for someone who doesn’t have the appropriate knowledge and experience. When a patient receives treatment or undergoes a medical procedure, it’s common that a mistake can occur. Doctors and their staff are only human, and even the most highly trained medical professionals are bound to make mistakes. Not every mistake is caused by medical negligence. Because of this, determining is negligence occurred requires in-depth knowledge, diligent research, and testimonials from medical experts.
For medical negligence to have occurred, the following five things must be true:
Doctor-patient relationship – You must be able to prove that you had an established relationship with the accused medical professional. For a doctor-patient relationship to exist, you must have employed them and they must have agreed to treat you as their patient.
Duty of care – Doctors and other medical professionals have a legal duty to treat their patients with a certain “standard of care” for that situation. This means that another competent medical professional with a similar would either agree or disagree that they would have made the same choices in the same situation.
Breach of duty – If medical malpractice occurred, the medical professional would have provided treatment that fell below the standard of care that the patient deserved.
Causation – Breach of duty by a medical professional must have resulted in some type of injury to the patient. It must be able to be proven that the medical professional’s actions directly lead to the patient’s injury.
Damages – The injury caused by the medical professional must have resulted in damages for the patient. These damages can include monetary ones, such as medical bills and lost wages, but they can also include emotional damages to the patient.
Common Types of medical negligence
Medical negligence can occur for a variety of reasons any time a patient seeks treatment from a medical professional. These mistakes can affect victims in a number of different ways depending on the treatment and have varying levels of severity. Still, some forms of medical malpractice occur more commonly than others.
A few of the most common types of medical negligence are:
Anesthesia errors – Anesthesia errors are some of the most dangerous forms of medical negligence. Without proper attention, too much anesthesia can be administered, which can lead to brain damage. If too little anesthesia is administered, patients may be subjected to immense amounts of pain during surgery. Anesthesia can also be given to patients with medication or health problems that when combined can be extremely harmful.
Diagnosis errors – Patient’s might not always get the proper diagnoses from their doctors. Medical professionals might not properly listen to or test patients, missing out on a crucial diagnosis. They might also incorrectly diagnosis them with something else. This prevents patients from getting proper care, making their condition worse or subjecting them to unnecessary treatments.
Prescription errors – When writing a prescription, doctors may prescribe the wrong medication, or prescribe the patient with an unhealthy dosage. In a hospital setting, patients might be given the wrong medication by mistake. In the event of a misdiagnosis, patients may be given medications that are harmful to them.
Surgical errors – Many errors that can occur during surgery are some of the most preventable examples of medical negligence. Operations can be done on either the wrong patient or the wrong body part. Surgeons may leave equipment behind in a patient’s body, such as a sponge. Infections might also occur after the surgery.
Damages in A Medical Negligence Case
As a victim of medical negligence, you deserve to be compensated for the damages you’ve faced due to your injury. Costs brought on from medical negligence can add up quickly. Although a medical negligence lawsuit can’t undo what’s been done to you, financial compensation can help make dealing with it and give you some sense of normalcy again. It also gives you the chance to hold the responsible parties accountable for their negligent actions.
Some of the damages you can be compensated for include:
- Medical bills from treating your injury
- Lost wages from missing work due to injury
- Physical pain caused by a medical professional
- Emotional pain and suffering
- Lower quality of life
- Loss of a spouse, or parent for minors
Medical Negligence Lawyers in Dunmore
As soon as you suspect that you or a loved one is the victim of medical negligence, you should contact a medical negligence lawyer. At Latona Law, our lawyers focus on only cases that involve medical malpractice. Our experience dealing with cases like this is exactly what you need to help win your case. We’ve helped numerous medical negligence patients in Dunmore and surrounding areas in Northeast Pennsylvania get justice. With our resources and experienced, qualified lawyers, we’re ready to help you win your case.
For questions, concerns, and to discuss what your legal options are, contact us for a free consultation.