Proving Liability for Medical Team Malpractices

Approximately 795,000 Americans suffer permanent disability annually as a result of a diagnostic error. Given our reliance on physicians and other medical staff, we leave our trust in their hands. This feeling of vulnerability is further exacerbated when we learn of the number of medical errors that occur each year. If you have recently experienced harm due to a physician’s oversight, the medical malpractice attorneys at Mark C. Tanenbaum are available to assist you in filing your claim.

How Medical Team Malpractice Occurs

Medical malpractice occurs when a healthcare professional fails to meet the applicable standard of care. This standard of care is measured by what a reasonable physician would do in the same or similar medical scenario.

Legal Elements Required to Prove Medical Team Negligence

A successful medical malpractice suit depends on establishing the following (known as the “4 D’s”).

• Duty of Care: A medical care provider has a duty to adhere to an acceptable standard of care. The doctor-patient relationship automatically establishes this duty of care.
• Dereliction (Breach of Duty): A dereliction of duty occurs when a physician fails to follow medical protocols. The dereliction may be either an act or an omission.
• Direct Cause: As a result of the provider’s breach of duty, the patient suffers harm.
• Damages: The harm must result in compensable losses. In medical malpractice cases, this may consist of physical impairment, lost wages, medical expenses, and emotional distress.

Common Medical Errors in Charleston, SC

Your clinical care team is responsible for delivering exceptional care to help you get back on your feet. Unfortunately, errors can occur that cause your condition to deteriorate rapidly or prevent you from recovering physically.

Common medical errors in Charleston, SC, include:

Diagnostic Errors Caused by Team Communication Failures

If an injury or flare-up of a chronic condition has caused you to visit the ER, the treating provider may recommend that you get an X-ray, CT scan, MRI, or other type of medical imaging. Physicians rely on a radiologist’s assessment of medical imaging, with the source of many misdiagnoses being a radiologist’s misinterpretation of a scan. However, the buck does not always stop there. In some cases, a physician may fail to order necessary testing, leading to misdiagnosis or a delay in reaching the correct diagnosis.

Medication Errors Involving Multiple Providers

Whether due to insufficient time allotted to a patient, inexperience, or carelessness, a physician may prescribe the wrong medication or the wrong dose of the correct medication. In some cases, this is due to an incomplete or inaccurate patient history. In a care team context, a breakdown in communication among team members could be the culprit. In other situations, an inexperienced care team member may fail to recognize a contraindication between two drugs, potentially having fatal consequences.

Surgical Errors and Breakdowns in Team Protocols

It is estimated that seven million people experience complications each year due to surgical errors. Many of these errors are completely preventable, known as “never events.” Common “never events” include wrong-site surgery or surgery on the wrong person or body part. The issue has become so concerning that most hospitals have instituted a “time out.” A “time out” requires the surgical team to pause and confirm the patient’s name, the procedure, and the surgical site before placing the patient under anesthesia to prevent these “never events.” Even so, surgical errors are still prevalent in our healthcare system.

Why Medical Team Malpractice Cases Require Legal Experience

When you work with a medical malpractice lawyer, you can allow them to handle your case from start to finish. A medical malpractice lawyer will assess your situation to determine the best course of action. From there, an attorney will gather your medical records, interview eyewitnesses, and discuss your case with medical experts in their field to understand where the negligence occurred. You do not need to worry about collecting your medical records or building your case; our legal team handles both.

Meet With a Charleston Medical Malpractice Lawyer Today

A medical mistake can have devastating effects. In some situations, the patient may experience serious injury and have permanent mobility issues. If you or a family member has fallen victim to a medical error while being under a medical team’s care, Mark C. Tanenbaum would like to speak with you.

To schedule your free consultation with one of our Charleston medical malpractice attorneys, contact us online or call (843) 577-5100.