Medical malpractice causes debilitating injuries and medical issues for thousands of people every year. Some forms of malpractice occur more often than other, and knowing the more common forms of medical malpractice may help you avoid them. Robert Wells of The Wells Law Firm in Kansas City outlines the most common causes of medical malpractice in Kansas City and gives some tips on how to avoid them.
Many of the cases that Wells sees in his practice stem from a medical professional’s failure to accurately diagnosis a condition through appropriate evaluation or not having a patient seen by a specialist. For example, if someone comes into the ER with chest pains, it could be a cold or the flu, or it could be a serious heart condition that could kill the patient if not immediately treated. The doctor could prescribe medicine for the flu or cold and send the patient home, or the doctor could run some diagnostic tests and some blood work to determine if a more serious heart condition exists.
Wells has seen cases where a doctor diagnosed the flu, when in reality it was a heart attack, and he has seen cases where the patient was treated for a minor stomach problem when in reality it was a blocked bowel. Medical errors and malpractice can occur when doctors don’t take the time to determine and consider all of the possible causes of a complaint and fail to perform the appropriate studies and tests to more conclusively determine the cause of the patient’s discomfort.
Wells says that doctors are required to perform “differential diagnosis” where they make a list of possible causes and then, through evaluation and testing, rule out the most serious of the possible causes. For example, in the case of chest pains, one of the possible causes in the differential diagnosis would be a heart attack, and since this could cause serious injury, the doctor should first try to rule heart attack out as a possible cause of the chest pains. If a doctor fails to form a differential diagnosis by not taking the time to rule out the serious possible causes of the complaints, it constitutes malpractice.
One way to avoid problems of misdiagnosis is to seek a second opinion when possible, especially if the medical condition in question could have a significant impact on your health. If you feel like something is not right, trust your instincts. Be aware of the symptoms you are having and try to learn as much about them as possible on your own. Then ask questions of your doctor about the diagnosis, why it was made, whether other possible conditions should be considered, and whether there are other recognized forms of treatment. You should never be hesitant to seek a second opinion.
Another typical type of malpractice that Wells sees in his practice involves hospital-acquired infections. Cases against hospitals for hospital-acquired infections have rarely been successful over the years, because hospitals and doctors will say that the bacteria causing these infections are everywhere.
Generally, if these infections are discovered and treated in a timely manner, they will go away with little permanent damage. However, if they are not discovered and treated in an appropriate and timely fashion, they can get out of control and cause catastrophic injuries and damages.
Wells sees many cases in which the symptoms of the infection were present but ignored, allowing the infection to get worse. While you may not be able to do anything to keep from getting an infection, you can do something about how it is treated. If you see signs and symptoms that appear to indicate an infection, you should make sure that the condition is evaluated by your physician, and you should request a consultation with an infectious disease specialist. Your health is something you should never be hesitant or embarrassed to stand up for.
If you think that you have been the victim of medical malpractice, contact an attorney sooner rather than later. A medical malpractice attorney in Kansas City or your local area will help you determine whether you do have a case and can guide you successfully through the medical-legal system.
This article is for informational purposes only. You should not rely on this article as a legal opinion on any specific facts or circumstances, and you should not act upon this information without seeking professional counsel. Publication of this article and your receipt of this article does not create an attorney-client relationship.