If you have suffered a major uncompensated injury due to medical negligence on the part of a doctor or a hospital, you need to hire the services of a malpractice lawyer who has prior experience in handling and successfully settling a medical injury case. In case you are still confused if a particular error committed by a doctor or hospital staff makes for a case of actionable medical injury claim, here is a list of medical errors of commission and omission for which you can sue the other party in the court of law.
List of Errors of Commission:
This includes any injury suffered due to misdiagnosis that resulted in wrong treatment, mismatched blood transfusion due to error in blood screening, and injecting contaminated blood due to error in testing the donor blood. Apart from these any drug errors are also included in this segment. If a hospital staff gives a contraindicated drug, mixes up similar-sounding drug names, selects the wrong choice of treatment or drug administration, and gives a banned drug, it can be sued under this category.
Other medical errors that fall under this group are giving the wrong dosages of drugs, choosing the wrong rate of drug administration, and administering drugs to the wrong patients. In addition to this, surgical errors such as leaving an instrument or sponge inside the patient, prescribing unnecessary surgery, operating on the wrong part of the body or wrong patient, and neglecting steps to avoid post-surgery infection also fall in the category of errors of commission. Additionally, there are Medical Spa Trends that can help you understand more about these medical errors along with the best way to proceed.
List of Errors of Omission:
This includes failure to treat a patient who could have been saved by performing a critical procedure or administering a life-saving drug on time. Inadequate screening resulting in the transfusion of wrong blood type and improper donor blood testing leading to transfusion of pathogen-infected blood also falls in this category. If you have suffered an irreversible injury due to any of the above mentioned medical errors committed by a doctor or hospital, you are most likely to receive an offer of quick settlement from the hospital.
Also, the hospital will insist that you do not retain the services of a medical malpractice lawyer as he will charge you a high percentage of commission on the settlement amount. However, it is best to hire a medical malpractice lawyer anyway as he will offer you a detailed analysis of all elements of liability, causation, and damages pertaining to your case, thus ensuring that you get a fair value in a settlement.
Apart from that, a hospital takes advantage of an unrepresented plaintiff and insists on paying the net settlement value. They arrive at this amount by deducting the charges of a lawyer that you would have hired otherwise. Moreover, every medical injury claim comes with its set of procedural technicalities that can be best tackled by an experienced medical malpractice lawyer. If you decide on representing yourself to save the cost of a lawyer, you may easily miss a small procedural or evidentiary step that can result in forfeiture of your suit.