Injuries during Pregnancy and Childbirth
A malpractice claim may be proper when an obstetrician fails to properly perform the proper laboratory tests, including diagnosing RH-negative patients, a blood test or amniocentesis which would diagnosis possible defects in the unborn child or protect the mother from injury.
Medical care professionals handle most births and deliveries appropriately; however, medical negligence can occur. Sometimes physicians, midwives or obstetrical nurses fail to diagnose or properly treat various conditions that arise during pregnancy. For example, placenta previa occurs if the placenta, which nourishes the fetus during pregnancy, attaches to the inside of the womb in a way that prohibits the baby from being delivered properly. If it is not diagnosed, significant blood loss can occur, which may result in the injury or death of the baby and/or mother.
A protracted labor and delivery process, despite signs and symptoms or fetal distress, can result in birth injuries. If a necessary cesarean section delivery is delayed, the lack of oxygen reaching the child may result in injury or death. Deprivation of oxygen any time during the labor and/or delivery process can result in permanent serious injury. The emotional and financial cost to a victim of malpractice during childbirth can be catastrophic.
Cardiology Malpractice
With the prevalence of heart disease, cardiologists have a high volume practice. Cardiology malpractice arises in a variety of treatment scenarios, including:
- Failure to diagnose heart disease
- Failure to diagnose coronary artery disease
- Failure to diagnose and properly treat myocardial infarction
- Improper follow up to heart attack or cardiology procedures
- Failure to recognize and treat heart failure
Misdiagnosis and Failure to Diagnose a Disease
A medical provider's failure to diagnose a patient's condition may give rise to a valid medical malpractice claim. Misdiagnosis often occurs when a provider fails to run certain diagnostic tests or fails to diagnose a condition in a timely manner. Failure to diagnose cancer, diabetes, heart disease and many other diseases can lead to serious disability and death.
Prescription Drug Errors
The courts treat malpractice committed by a pharmacist in the same manner as medical malpractice: if a pharmacist or pharmacy technician fails to treat a patient with a reasonable degree of skill and care. The patient is injured, then the pharmacist or technician is liable for medical malpractice. If a patient receives the wrong medication for a condition or the wrong combination of medications and suffers an injury as a result, a claim against either the doctor who prescribed the medication or the pharmacist who filled the prescription may be warranted.
Anesthesia Errors
Injury may occur when anesthesia is improperly given or not given in a timely manner to a patient. If the failure of the anesthesiologist is the cause of injury or death to a patient, damages may be recoverable. Most doctors and hospitals carry malpractice insurance and some states even require that they contribute to a state patients' compensation fund.
Nursing Home Injuries
Injuries suffered by nursing home residents may give rise to a valid medical malpractice claim. Health care providers include the professionals and staff of nursing homes. If these providers fail to provide appropriate care and treatment, they may be liable for any resulting damages. Nurses and other staff of a nursing home may also be liable for abusing or neglecting a patient. Abuse and neglect claims include those where the patient has developed bed sores or has been inappropriately restrained.
Nuclear Medicine (CAT Scans and MRIs) Misinterpretations
CAT (computer axial tomography) scans and MRI’s (magnetic resonance imaging) save thousands of lives each year by detecting problems in their earliest stages and in cases of emergency where the diagnosis could mean life or death to a patient. Scans can detect internal bleeding, spinal cord and brain injuries. Patient injuries arise when failures to read the scans appropriately cause an illness or injury to progress untreated.
