Introduction
Medical malpractice claims are an important part of healthcare litigation in the United States. These claims are made when patients believe they have been injured as the result of a treatment from a healthcare provider that did not meet normal standards. For legal practitioners, tackling these kinds of cases is challenging and involves extensive retellings. This article focuses on the most common types of medical malpractice claims, the importance of medical record reviews, and how our medical record review services can help lawyers strengthen their arguments.
Types of Medical Malpractice Claims
1. Misdiagnosis or Delayed Diagnosis
Misdiagnosis or varied diagnosis lateness is the most common of medical malpractice. Cited in a SJofrson study that was reported or published in the BMJ Journal of Quality & Safety; about 10% of patients die due to an error in diagnosis. These errors may be made in particular areas of medicine such as oncology, cardiology and infection control.
Common Scenarios:
- A medical practitioner makes a mistake of understanding the patients symptoms causing misdiagnosis.
- A doctor does not have the proper tests ordered that would either confirm or rule out a diagnosis.
.2. Surgical Errors
A variety of mistakes fall under the umbrella of surgical errors, including wrong site surgeries, errors related to administration of anesthesia and errors in post-operative management owing to carelessness. The Natonal Practitioner Data Bank has reported that surgical errors have been a source of considerable percentage of malpractice claims.
Common Scenarios:
- Performing surgery on the wrong limb or organ.
- Inadequate post-operative care leading to severe complications.
3. Birth Injuries
These injuries may arise as a result of carelessness on the part of health practitioners during the process of labor and delivery. Such injuries can devastate the life of the child as they may arise from different causes including incompetence in fetal monitoring or inability to perform timely caesarean operations.
Common Scenarios:
- Failure to recognize fetal distress.
- Improper use of forceps or vacuum extraction.
4. Medication Errors
Medication errors occur at any step of the administration of a medication, from the prescribing stage to the dispensing stage. American medical injuries due to medication errors amount to over 1.5 million each year, according to the Institute of Medicine.
Common Scenarios:
- Prescribing the wrong dosage or medication.
- Failing to account for drug interactions.
5. Failure to Obtain Informed Consent
Patients should also be made aware of the disadvantages of every medical procedure. Informed consent is generally seen as being lacking if a patient suffers harm which they were not properly forewarned of.
Common Scenarios:
- Not disclosing potential risks before a surgical procedure.
- Failing to inform patients about alternative treatment options.
Why Medical Record Review Becomes Necessary
Understanding the Importance of Medical Records
Medical records constitute the ‘basis’ documents in any suit for malpractice. They provide succinct and detailed information about the patient’s past and present medical illnesses, treatment given, and what the health practitioner was doing. A well-done medical record review is important for the following reasons:
- Establishing Standard of Care: Medical records assist to prove cost-effectiveness of healthcare intervention in similar instances.
- Identifying Errors: Rigorous analysis may reveal unintentional treatment of some errors to be aware of.
- Supporting Legal Arguments: If healthcare is documented accurately and orderly, legal matters can be satisfactorily done and dependency on clients’ attorneys is minimized.
The Process of Medical Record Review
Our medical record review process involves several critical steps:
- Collection of Records: We assist attorneys in obtaining all relevant medical records, ensuring that nothing is overlooked.
- Detailed Analysis: Our team of experts conducts a meticulous review of the records, identifying key elements that support the case.
- Expert Testimony: We can provide expert witnesses who can testify regarding the standard of care and the implications of any deviations.
- Report Generation: A comprehensive report summarizing findings and recommendations is prepared, which attorneys can use to bolster their cases.
Case Studies
Case Study 1: Misdiagnosis Leading to Severe Consequences
Overview: Cancer was not timely diagnosed in a 45-year-old woman, who presented for evaluation because of fatigue and weight loss, because her family doctor first considered it stress.
Challenges: Owing to late treatment, the patient progressed to a later-stage of cancer at diagnosis, and her general health status had severely declined.
Solutions: Our medical record analysis reports established that adequate testing and monitoring of the patient were not done. We issued a report outlining the parameters of care that ought to have been observed.
Compensation: The patient’s attorney obtained a satisfactory settlement to enable the patient pay medical bills and general pain and affliction.
Case Study 2: Surgical Error Resulting in Life-Altering Injury
Overview: A patient underwent knee surgery but suffered severe complications due to a surgical error where the wrong knee was operated on.
Challenges: The case involved complex surgical records and varied opinions on the standard of care.
Solutions: Our team conducted a thorough review of the surgical notes , identifying the critical error. We provided expert testimony that supported the attorney’s argument.
Compensation: The attorney secured a substantial settlement that covered the patient’s on-going medical expenses and rehabilitation.
Conclusion
Medical malpractice actions are very complicated and they are fact specific. Attorneys can focus on the more commonly filed claims while also understanding the importance of the medical records review and detail that will help them prove stronger cases for their clients. Here, we present our medical record review services for legal practitioners as useful in their attempt to solve the complexity of medical malpractice cases.
