Are All Medical Errors Considered Medical Malpractice?

Not all medical errors are classified as medical malpractice. In this blog post, we will examine the important distinctions between medical errors and medical malpractice, and highlight examples of errors that are typically considered medical malpractice. Medical errors can have serious consequences for patients, leading to questions about whether they automatically qualify as medical malpractice.

Understanding Medical Errors vs. Medical Malpractice

Medical Errors

Medical errors refer to mistakes or mishaps that occur during medical treatment, diagnosis, or patient care. These errors can happen due to various factors, including human error, miscommunication, system failures, or unforeseen complications. While medical errors can be devastating for patients, not all errors rise to the level of medical malpractice.

Medical Malpractice

Medical malpractice occurs when healthcare professionals deviate from the accepted standard of care, resulting in:

• harm
• injury
• or death to a patient.

It involves a breach of duty, where the healthcare professional fails to meet the expected level of skill, knowledge, and care that other competent professionals would provide in similar circumstances. Medical malpractice requires proving negligence, causation, and resulting damages.

Examples of Errors That May Constitute Medical Malpractice

Misdiagnosis or Delayed Diagnosis

If a healthcare professional fails to diagnose a condition or misdiagnoses it, resulting in delayed or improper treatment, it may be considered medical malpractice. This can significantly impact a patient's prognosis and lead to worsened health outcomes.

Surgical Errors

Surgical errors can include operating on the wrong body part, performing unnecessary procedures, leaving surgical instruments inside the patient's body, or causing nerve damage during surgery. These errors are considered medical malpractice as they deviate from the standard of care and can cause severe harm.

Medication Errors

Medication errors involve mistakes in prescribing, administering, or monitoring medications. Examples include:

• giving the wrong medication
• incorrect dosage
• or failing to consider allergies or potential drug interactions.

Medication errors that cause harm to patients due to negligence may be classified as medical malpractice.

Birth Injuries

When healthcare providers fail to provide proper care during:

• pregnancy
• labor
• or delivery

resulting in harm to the mother or infant, it can be considered medical malpractice. This can include improper use of :

• medical tools
• failure to monitor fetal distress
• or negligence in responding to complications.

Anesthesia Errors

Anesthesia errors can occur when administering anesthesia or during the monitoring process. Examples include:

• administering an incorrect dosage
• failing to consider patient allergies
• or improper intubation.

Anesthesia errors can lead to serious complications, including brain damage or even death.

Conclusion

While all medical errors can have detrimental effects on patients, not all errors meet the legal criteria for medical malpractice. Medical malpractice requires proving a breach of the standard of care, resulting in harm or injury. It is essential to consult with an experienced medical malpractice attorney, like us at Hinkle Law. Contact us today.