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How Do Insurance Companies Evaluate Claims Related to Permanent Disabilities from Malpractice? Suffering a permanent disability as a result of medical malpractice is a life-altering event. Permanent disabilities can dramatically reduce quality of life, create ongoing medical needs, and lead to significant financial burdens. For patients, pursuing compensation through a malpractice claim is essential for managing future care and recovering lost income. However, insurance companies, which are often responsible for covering malpractice payouts, evaluate these claims carefully in an effort to minimize the compensation paid. Understanding how insurance companies assess malpractice claims related to permanent disabilities is essential for anyone navigating this process. This blog will explore the factors insurers consider when evaluating these claims and the common challenges patients face when seeking fair compensation. At LawMD, we have board-certified physicians who are also licensed attorneys and who specialize in medical malpractice cases. Permanent Disabilities in the Context of Malpractice Permanent disabilities are long-term or lifelong conditions that result in the loss of function, mobility, or independence. In the context of medical malpractice, these disabilities often stem from surgical errors, misdiagnoses, or improper treatment. Some common examples of permanent disabilities caused by malpractice include: Paralysis: Resulting from nerve damage during surgery, failure to treat a spinal cord injury, or misdiagnosis of a critical condition like a stroke. Amputations: Sometimes necessitated by untreated infections, delayed diabetes treatment, or surgical mistakes. Severe Organ Damage: Damage to vital organs like the heart, kidneys, or liver due to misdiagnosis or improper treatment can lead to permanent disability. These conditions often require ongoing or lifetime medical care, rehabilitation, and often require modifications to the patient’s home or lifestyle. They can also result in the inability to work, leading to a loss of future income and independence. When a permanent disability results from medical negligence, the affected individual can pursue a malpractice claim, often engaging the responsible healthcare provider’s insurance coverage. How Insurance Companies Assess Malpractice Claims Insurance companies handle malpractice claims by evaluating several key factors to determine the extent of the damages and the appropriate compensation. Because permanent disabilities carry long-term consequences, these claims are often more complex and involve more significant financial sums. Insurers take a detailed approach when determining liability and calculating the payout. Severity of the Disability The most important factor in evaluating a malpractice claim involving permanent disability is the severity of the condition. Insurers consider how the disability impacts the patient’s ability to function in daily life, including the need for assistive devices, modifications to living spaces, or long-term care facilities. For example, paralysis may require lifelong use of a wheelchair, physical therapy, and constant medical supervision. The more severe the disability, the higher the potential compensation for ongoing care. Cost of Future Care Permanent disabilities often involve significant future medical costs, such as surgeries, medications, therapy, and personal care assistance. Insurance companies evaluate medical records and expert testimony to estimate these expenses over the patient’s lifetime. The insurer will calculate economic damages (medical bills, rehabilitation, home modifications) and non-economic damages (pain and suffering, loss of enjoyment of life). Patient’s Age and Earning Potential Insurers also consider the patient’s age and how the disability affects their earning potential. Younger patients who are permanently disabled have longer life expectancies and may face decades of lost income if they can no longer work. This loss of earning capacity is factored into the compensation. For example, a 30-year-old who is paralyzed and unable to return to work will be entitled to compensation for lost wages for the remainder of their working years. Medical Records and Expert Testimony The patient’s medical records are essential for proving the disability resulting from medical malpractice. Insurance companies rely heavily on documentation of the original treatment, any errors made by healthcare providers, and the prognosis for the patient’s condition. In many cases, expert testimony is needed to demonstrate how the healthcare provider’s actions deviated from the accepted standard of care and how this negligence caused the disability. Expert opinions are also used to estimate future medical needs and associated costs. Calculating Compensation for Pain and Suffering Pain and suffering are components of malpractice claims, a critical factor in claims regarding permanent impairments. Insurance companies calculate compensation for pain and suffering by considering the patient’s physical pain, emotional distress, and loss of quality of life. For instance, a person who suffers a traumatic amputation may experience both physical pain and the psychological impact of losing a limb. Insurers often multiply the total economic damages by a number (usually between 1.5 and 5) to calculate non-economic damages. Challenges in Obtaining Full Compensation While insurance companies are responsible for covering malpractice claims, they are also businesses focused on minimizing payouts. As a result, claimants often face significant challenges when pursuing full compensation for permanent disabilities. Here are some common tactics insurance companies use: Denying Liability: Insurance companies may dispute the healthcare provider’s responsibility for the disability. They may argue that the condition was pre-existing or that the healthcare provider followed the standard of care, meaning the injury was unavoidable. In these cases, expert testimony is critical for proving that the healthcare provider’s negligence caused the disability. Offering Low Settlements: Insurance companies often start with low settlement offers even when liability is clear. They may underestimate the patient’s future medical costs or the impact of loss of earning capacity, resulting in a lower payout. Many claimants, overwhelmed by their situation, may feel pressured to accept these low offers, especially when facing mounting medical bills. Disputing the Severity of the Disability: Insurers may attempt to downplay the severity of the patient’s disability. For example, they might argue that the patient’s condition will improve with rehabilitation or that they can still work in some capacity. These tactics are used to reduce the overall compensation. Given these challenges, it is vital for individuals pursuing a malpractice claim to seek legal representation. An experienced medical malpractice attorney can evaluate the full extent of the damages, gather evidence, and negotiate with the insurance company to ensure a fair settlement. The Benefits of Professional Legal Advocacy Insurance companies play a significant role in determining the outcome of medical malpractice claims related to permanent disabilities. They assess factors such as the severity of the disability, future care costs, and lost earning capacity when calculating compensation. However, claimants often face challenges in obtaining full compensation, as insurance companies may use tactics to minimize payouts. If you or a loved one has suffered a permanent disability due to medical malpractice, it is essential to consult an experienced attorney. Legal representation can help you navigate the grueling process of filing a claim and ensure you receive the compensation necessary to manage your condition and secure your future. As attorneys who are also physicians, we at LawMD are uniquely qualified to guide you through your medical malpractice case, helping you to achieve the best outcome possible. Contact us today at 833-MY-LAW-MD (833-695-2963) to discuss your case and learn how we can assist you.

Do you want to learn more about the consequences of medical malpractice? Watch the video below to learn if you can sue a doctor for medical malpractice. Learn More: What Is The Difference Between Medical Malpractice And Medical Negligence? Do I Have A Medical Malpractice Case? – What Is The Attorney “Taking On?” What Are The Odds Of Winning A Medical Malpractice Suit? Video Transcript Time Stamps 0:00 Intro 0:10 Primary focus 0:40 Consequences of Medical Malpractice 0:10 – Primary Focus Primarily Our firm focuses on medical malpractice. Medical malpractice, when patients go for care, they actually come away with horrific tragic results.And we believe that the reason for these tragic results are due to the negligence of the health care provider. This is a sadly to say it’s a phenomenon that happens all too often. 0:40 – Consequences of Media Malpractice – Can You Sue A Doctor For Medical Malpractice? I mean, you know, every day every week we get calls with horrific situations. people wind up being quadriplegic, not being able to move their arms and legs, people lose limbs, people lose life, people who sight people wind up being being being completely disabled. And oftentimes it’s due to a simple decision that was made by one or a number of healthcare providers. And if they had done it differently, these people would live normal lives. It’s a tragic situation that we see all the time the tragic situations, a lot of times but it’s very fulfilling personally because we do give people answers and we give people resources where they can improve the quality of their life despite their that their circumstances.

Legal Issues in Cancer Misdiagnosis Claims A cancer diagnosis is life-altering, but the stakes are even higher when a misdiagnosis is involved. Whether the cancer is missed entirely, diagnosed as something else, or falsely identified, the consequences can be devastating. Misdiagnosis can delay the start of essential treatments, allowing the disease to progress and reducing the chances of successful outcomes. For patients affected by cancer misdiagnosis, pursuing a medical malpractice claim may be the only path to receiving compensation for the physical, emotional, and financial toll caused by the error. At LawMD, we have attorneys who are also physicians who specialize in all types of medical malpractice, including the link between failure to timely diagnose (or misdiagnosis) and bad outcomes. The leading types of cancers with preventable tragic outcomes leading to successful lawsuits are Lung Cancer, Breast Cancer and Cancer of the Urinary System. Understanding Cancer Misdiagnosis Cancer misdiagnosis occurs when a medical professional either incorrectly identifies the presence of cancer or fails to detect it altogether. These mistakes can take several forms, including: False Positives: The patient is wrongly diagnosed with cancer when no cancer is present, leading to unnecessary treatments like chemotherapy, radiation, or even surgery. False Negatives: The patient has cancer, but the healthcare provider fails to diagnose it, resulting in delayed or no treatment. Missed Diagnosis: The cancer is completely overlooked, allowing the disease to progress unchecked until it is discovered at a later, often more advanced, stage. Several types of cancer are prone to misdiagnosis, including: Breast Cancer: Mammograms can sometimes produce false results, either by missing cancerous tumors or flagging benign conditions as malignant. Lung Cancer: Symptoms like coughing and shortness of breath are often mistaken for less serious conditions, causing delays in ordering imaging tests or biopsies. Prostate Cancer (and cancer of other urinary systems): An important screening that can and should be recommended and used by doctors for men of a certain age, even without symptoms is the PSA blood test. This test is usually the first test done in men with symptoms, like blood in urine or difficulty urinating, or pelvic pain, that might be caused by prostate cancer. Colorectal Cancer: Misinterpreted colonoscopy results or failure to recommend appropriate screening can lead to missed or delayed diagnoses. Lymphoma: Due to its similarity to other illnesses with flu-like symptoms, lymphoma may not be diagnosed until the disease has advanced. The consequences of a cancer misdiagnosis can be severe. In cases where the cancer is not detected early, the window for successful treatment may shrink dramatically, limiting the patient’s options. Misdiagnosed patients may also undergo invasive and harmful treatments unnecessarily, increasing the risk of complications. Proving Medical Malpractice in Cancer Misdiagnosis Not every cancer misdiagnosis constitutes medical malpractice. To successfully bring a claim, the patient must demonstrate that the healthcare provider’s actions deviated from the accepted standard of care. In Washington, D.C., the law requires that doctors follow the standard practices that other reasonable healthcare professionals use in similar circumstances. The standard of care in cancer diagnosis often involves: Ordering Appropriate Tests: Depending on a patient’s symptoms and risk factors, doctors are expected to order diagnostic tests, such as blood tests, imaging, or biopsies, to rule out or confirm the presence of cancer. Reviewing Test Results Thoroughly: It is vital for healthcare providers to carefully analyze test results and recognize any abnormalities that warrant further investigation. Following Up on Abnormal Results: If a test result suggests the possibility of cancer, the doctor must take appropriate steps, such as recommending additional testing or referring the patient to a specialist. A doctor’s failure to perform any of these actions could be considered a breach of duty if it harms the patient. In medical malpractice claims involving cancer misdiagnosis, the patient must also prove causation, meaning that the doctor’s failure to meet the standard of care directly resulted in harm to the patient. For example, if the delay in diagnosis allowed the cancer to spread or reach a more advanced stage, the patient must show that timely treatment would have likely led to a better outcome. Expert testimony is necessary in establishing the standard of care and causation. Medical experts with experience in oncology or radiology are often called upon to explain how a reasonably competent doctor would have acted under similar circumstances. They can also demonstrate how the misdiagnosis caused the patient’s condition to worsen. Filing a Cancer Misdiagnosis Claim If you suspect that your cancer diagnosis was mishandled, it is crucial to take immediate steps to protect your legal rights and strengthen your case. Here are the key steps to consider: Obtain a Second Opinion: Your priority is confirming the correct diagnosis. Seek a different medical professional’s second opinion to identify your condition correctly. A new doctor may order additional tests or review your previous results to determine whether a misdiagnosis occurred. Gather Medical Records: Medical records play a vital role in documenting the chain of events that led to the misdiagnosis. These records should include any test results, treatment plans, referrals, and notes from consultations. By reviewing your medical records, your attorney and medical experts can identify where the mistakes were made and whether there were signs that the doctor failed to follow the standard of care. Consult a Medical Malpractice Attorney: Cancer misdiagnosis cases are complex and involve detailed medical evidence and expert testimony. Consulting a medical malpractice attorney experienced in handling cancer misdiagnosis claims is essential. A qualified attorney can evaluate your case, gather the necessary evidence, and build a legal strategy tailored to your circumstances. File Your Claim in a Timely Manner: Washington D.C. has a statute of limitations for medical malpractice cases, outlined in D.C. Code § 12-301. In most cases, you have three years from the date of the injury (or the discovery of the injury) to file a claim. Timely action ensures you meet all legal deadlines and preserves your right to pursue compensation. If your cancer misdiagnosis claim is successful, you may be entitled to compensation for a range of damages, including: Medical Bills: Compensation for past and future medical expenses related to the diagnosis and treatment of your cancer. Compensable treatments include treatments like surgery, radiation, chemotherapy, and medications. Lost Wages: If the misdiagnosis affected your ability to work, you may be entitled to compensation for lost income and any reduction in future earning capacity. Pain and Suffering: Cancer misdiagnosis can result in both physical pain from the progression of the disease and emotional distress caused by delayed or unnecessary treatment. Compensation may be available for the suffering you endured. Emotional Distress: The mental anguish of learning that your cancer could have been treated earlier—or that you underwent unnecessary treatment—can be significant. Emotional distress damages can also form part of your claim. Get Skilled Legal Advocacy for Your Claim A cancer misdiagnosis can have life-changing consequences, potentially robbing patients of timely and effective treatment or subjecting them to unnecessary procedures. The emotional and physical toll of such errors can be devastating, but patients do have legal options. Pursuing a medical malpractice claim can help hold healthcare providers accountable for their mistakes and provide the financial support necessary for treatment and recovery. If you or a loved one has been affected by a cancer misdiagnosis, it is critical to take action promptly. Consulting with an experienced medical malpractice attorney can help you protect your rights. LawMD’s physician/attorneys are uniquely qualified to assist you in any medical malpractice litigation. Contact us at 833-MY-LAW-MD (833-695-2963) to learn how we can advocate for you and pursue the compensation you need.

Watch the video below to learn more about the failure to detect leaks during surgery, which can lead to sepsis from one of our medical malpractice lawyers. Learn More: Failure To Correctly Interpret X-Rays, Lab Results, And Diagnostic Tests Failure To Diagnose A Condition – The Most Common Types Of Negligence What is Neonatal Infection? – Neonatal Sepsis (Failure to Treat) Video Transcript When it comes to failure to detect leaks leading the sepsis, unfortunately, this is a situation that happens all too often, and the take-home message for patients or family of people who are patients that think they may have been victims of negligence is that it is very, very rare that you can win a lawsuit saying that the doctors did something wrong with, technically with the surgery. Bad things happen, people have bad outcomes, but that doesn’t necessarily mean that there’s negligence, and that definitely will preclude you from having a case. But what does happen oftentimes, is that there are recognizable symptoms that occur after surgeries that basically relate and show that, you know, there may be leakage, and those symptoms are just simply ignored. People call the nursing line or call the doctor’s office and they tell them, hey, you know, come in the morning or come in the next day, woefully insufficient when there’s a possibility that bacteria-laden bile and stool is leaking into a sterile abdominal cavity, and so that’s pretty much it in a nutshell focus moreso. If you or your family member believe that they had it or you had symptoms associated with a bowel leak and those symptoms namely being abdominal pain, fever, chills, sweating, if you have those symptoms and you believe that those were related to a bowel leak and there was a substantial delay in that leak actually being treated and closed up, give us a call. I mean, these are the kind of cases that we look at seriously, and I pray to God, I do, that you haven’t suffered one of the more cataclysmic results of this kind of failure, and those cataclysmic results could be a rip-roaring infection, something called peritonitis infection of the what should be a sterile abdominal cavity. It could cause long-term hospitalization where you have to be in the hospital on IV antibiotics and the like, it can cause sepsis. It can cause complete organ shut down and it can cause death. So I hope that that’s not your situation, but if that is, please call us. I’d love to really just thoroughly look at the medical records and tell you what happened. More Information about Sepsis: SEPSIS MEDICAL MALPRACTICE LAWYER Failure To Detect Leaks During Surgery Leading To Sepsis : Diagnosing Sepsis Sepsis refers to an infection that causes a systemic inflammation response. The risk of death increases significantly when sepsis is not diagnosed and treated promptly. For patient safety, post-surgical infections are a risk that can be caused by any type of surgery. Patients who have had surgery (especially abdominal), trauma, and/or recent surgery are more likely to develop sepsis or infections. Two or more of these findings can diagnose Sepsis: A temperature above 100.4 degrees Fahrenheit. Respiratory distress. A heart rate above 90 beats per minute. White blood cell counts that are significantly elevated or decreased. These are the most common symptoms of sepsis: Fever and chills. Pain can be localized or diffuse. Breathing difficulty Nausea, vomiting, diarrhea. Headache, drowsiness, unresponsiveness. Anxiety, listlessness. Once sepsis has been diagnosed, it is important to get immediate treatment. We offer free consultations to determine if an injury from infection or sepsis could be caused by malpractice. SEPSIS IS AN EMERGENCY Failure To Detect Leaks During Surgery Leading To Sepsis: Sepsis Requires Urgent Treatment Blood cultures should be taken to confirm that a patient has sepsis. Certain organisms can indicate the source of the infection. Gram-negative bacteria is a sign that the infection originated from the urinary tract. The patient’s presentation may require culture from the chest, urine, or lumbar pictures. Sepsis can be a serious medical emergency. The infection must be treated immediately. The treatment should also restore blood pressure, oxygenation, and blood flow to the afflicted tissue. Blood cultures provide information that can help determine the infection. Antibiotic treatment must be initiated immediately. Injecting antibiotics intravenously is more effective than oral or intramuscular. Sometimes surgery may be necessary to remove the infection source or to relieve an obstruction such as in the bowel.v

A  delay in diagnosis can be the same as a failure to diagnose, because sometimes timing means everything! . Watch our video as we explain that failure to timely diagnose can not only have medical consequences but can permanently change lives. . One of the reasons a delay is so pertinent in a case is that  you need to have damages for a successful lawsuit. Certain things simply require a timely diagnosis to be effectively treated. Failure to timely diagnose a deadly or dangerous condition creates issues that may potentially lead to significant patient harm, including disability and maybe even death. The simple truth is that in some circumstances if the patient is not timely treated, his or her long-term well-being can be impacted. Delays, and the length of those delays, are highly material to whether you have a lawsuit that is worth pursuing.. The untimely diagnosis of some potentially dangerous condition by a health care entity can mean the difference between a long, healthy, prosperous, and enjoyable life, and an early and untimely unexpected death or disability, which none of us would want to have to experience. Learn More: What Is Failure to Diagnose? Delayed Diagnosis Using Technology to Help Minimize Medical Malpractice Mistakes Video Transcript: Yes, a delay can be a failure to timely diagnose. Those essentially would be the same thing. Delay in diagnosis And again that, the reason the delay is so pertinent is you have to have damages to bring a successful lawsuit. Timely diagnosis is important to avoid a delay in diagnosis And in other words, most of our listeners will realize, certain things simply require a timely diagnosis to be effectively treated. And again, I’m referring to issues that may potentially lead to significant patient harm. Maybe disability, maybe even death. And again in those scenarios, to pick up things timely is important. Again because you are time-limited. Timely diagnosis is important And even more importantly because if the patient is not timely treated, his or her long-term well-being can be impacted. So those delays and the length of those delays are highly material to whether you have: What makes a good lawsuit A good lawsuit, something that’s worth pursuing And more importantly, health and well-being are far more important than any lawsuit. Again the timely pick up of some potentially dangerous health care entity can mean the difference in a long, healthy, prosperous and enjoyable life, and an early and untimely unexpected death or disability, which none of us would want to have to experience.

Do you want to learn more about decreased oxygen during labor? Watch our video below to learn about a common birth injury called hypoxia during labor. Learn More: What is HIE? – Birth Asphyxia (Hypoxic Ischemic Encephalopathy) Anoxic Brain Injury What Constitutes A Medical Malpractice Lawsuit? Video Transcript Timestamps 0:00 Intro 0:34 Decreased Oxygen During Labor Complications 1:08 Issues of Uterus Contractions During Labor 1:59 Fetal Monitoring This is Dr. Francois Bludeau, OB/GYN in Birmingham, AL, part of the LawMD team. I’m a surgeon, obstetrician, and lawyer that does a lot of birth-related cases. I wanted to spend a moment talking to you about decreased oxygen, and how hypoxia can cause issues during labor. 0:34 Decreased Oxygen During Labor Complications Some people understand during the course of labor, a woman is usually monitored with a fetal heart monitor. That monitoring system basically tracks the baby’s heartbeat during the course of labor. The monitors also track the frequency and severity or strength of contractions, and sometimes mothers receive medications to either speed the contractions up or make them strong, or sometimes medicines to slow the contractions down a little bit. 1:08 Issues of Uterus Contractions During Labor During the course of labor, as the uterus is contracting, for the moment that it’s contracting, there’s decreased blood flow to the baby. If the baby starts to get too much decreased blood flow during the course of labor, the baby will start to increase its heart rate and then start to have irregular changes in the heart rate. It will then start to have what we call decelerations, especially called late decelerations on the monitor. When those types of events are occurring, that could be a sign the baby’s not getting enough oxygen during the course of labor. If that goes on for too long a period of time, then the baby can sustain a brain injury or hypoxic injury to the brain. 1:59 Fetal Monitoring As a general rule, it’s important during the course of labor, for the obstetrical team to have some assessment of how they think the baby’s doing, especially some assessment of whether or not they think the baby’s getting enough blood flow and oxygen during the course of labor. If they’re using Pitocin or using a drug to speed the labor or make the contractions stronger, they have to be careful not to make the contractions so strong or so frequent that the baby can’t rest between contractions, and make sure the baby’s getting enough oxygen to the brain. Everyone ought to be concerned about oxygen levels during labor and about how the baby’s doing during labor. If you’ve been involved with a situation where your baby suffered a birth injury, and you think it may have been inadequate monitoring or inadequate decision-making in regard to delivering the baby sooner, send us your records. Let us look at them. We’ll be glad to help you and tell you whether or not we think the doctors breached the standard of care in allowing an oxygen-related injury to occur during birth. At LawMD, our physician-attorneys are committed to supporting parents and families who have been devastated by a birth injury diagnosis, such as hypoxia during labor.  More than 12 of our lawyers are also physicians.  As doctors, we understand the medicine in your case. As lawyers, we know how to use our medical knowledge to get justice for our clients.  If you or your loved one has been permanently or seriously injured due to negligence, contact the Medical-Legal team at LawMD. For serious injuries, LawMD is the right medicine for justice. Thank you.

Learn More What are “Damages” in Medical Malpractice? Is Failure to Diagnose a Form of Medical Negligence? Failure to Diagnose Lawsuit Settlements Video Transcript Timestamps 0:00 Intro 0:03 What Is Birth-Related Injury 0:33 What Is Neonatal-Perinatal Medicine 1:34 What Is A Neonatal Birth Injury? 4:42 What Do These Issues Include? 5:31 The Apgar Score 0:03 What Is Birth-Related Injury So people frequently ask me the question: what is birth-related injury and medical malpractice related to birth. This of course is a complicated question, but this is something that I’m familiar with because of my experience in practicing, what’s known as newborn intensive care or neonatal-perinatal medicine. 0:33 What Is Neonatal-Perinatal Medicine Let’s break that down a second, neonatal-perinatal medicine. This has anything to do with newborns. And newborns are of course from the moment of birth up until the age of 30 days. And perinatal is anytime around the birth, which relates to the time up to the birth frequently in days or even in months, that we study to determine what can happen to a baby during that period of time. So neonatal-perinatal medicine; this was my specialty and I’m still board-certified in that specialty. As we look more at the question, what is the injury that can occur, this relates to frequently neurologic problems, problems where babies are damaged in one way or another during the birth process or immediately after birth. 1:34 What Is A Neonatal Birth Injury? So what is neonatal birth injury? Well let’s go back into the time when the baby is still in the mother’s uterus, and labor starts. Now we have a time that can be critical in terms of birth injury. It is important to know that the obstetrician of course is in charge at this time. And that is not my specialty. But since I have been around and have studied so many birth injuries, it’s important to know that I understand what are the standards of care that obstetricians have. So let’s take for example a baby who is going along just fine in labor, and suddenly, the nurses know that the heart rate has slowed down. This can either be a normal thing in the labor, or it can be something that is critical and the baby must be taken at that point by cesarean section. A lot of times, babies don’t have any kind of measurement of that except intermittently by nurses. Many times, the baby is monitored with a little monitor that is placed on the mother’s belly, and actually can detect the baby’s heart rate, whether it speeds up or whether it slows down. So let’s just say a nurse is watching for that, and the monitor alarm comes on and the baby is found to have a very very low heart rate. Well, the nurse has to know what is happened before this time. What stage of labor is the baby in? How far down did the heart rate go? And how long did it stay down? And how fast did it come back up? And exactly how did it come back up? Was it a quick rise or did it take a long time to come up? This is very important and the nurse has to report that to the doctor. Sometimes the nurse immediately calls the doctor or needs to immediately call the doctor. And it doesn’t happen. So these can cause major problems for a baby and we can of course look at the records and tell what has gone on in this particular part of labor for a baby. Also, sometimes babies get stuck. For example, the baby might be descending just fine in labor, and almost ready to be delivered, and the baby’s head will not come out. So the obstetrician has certain things that they are supposed to do during that time to get the baby out. And sometimes they do and sometimes they don’t. 4:42 What Do These Issues Include? This can be a lack of placing an instrument. This can be a lack of doing a cesarean section. This can be using an instrument in the wrong way or doing the cesarean section the wrong way. All of these things have standard ways they’re supposed to be done, and that’s what we look at. So we can tell whether that injury occurred at that time. The interesting thing about neonatal injuries is a lot of times you don’t pick them up right at the time that the baby is born. Sometimes you do. Sometimes the baby’s have seizures. Sometimes they have other things going on and you can say ‘boy, something definitely happened to this baby’. 5:31 The Apgar Score But sometimes that’s not the case. The baby does ok. The Apgar scores, which are scored immediately after the baby is born are ok, they’re not exactly the greatest, but they’re certainly not the worst. And the baby’s examination is pretty good. Maybe the baby is a little bit hypotonic, in other words, they don’t move their arms as much or as vigorously. And sometimes they seem like they’re ok but they’re not. And one of the things that I did as a neonatologist is I followed these babies for many months after they were born to determine if things were truly ok or not ok. And in fact, sometimes they weren’t. So when we get a case at LawMD, I can look at that sort of thing and say to the practicing attorneys who are our trial attorneys that this is an issue that we need to get into. We need to look at all the records of this particular case and then we can decide whether this is a case that we will take. So people frequently ask me about this and that’s kind of a short discussion of exactly what I do and how LawMD approaches this. So if you have any questions about birth injury or anything I’ve been talking about, please click the link below and we will be happy to talk to you further about this issue. Thank you.

Epidural anesthesia is a widely used pain relief method during labor, providing significant comfort to mothers during childbirth. When administered correctly, epidurals allow women to experience reduced pain while remaining conscious throughout the delivery process. However, when errors occur during the administration of an epidural, the consequences can be severe. Mistakes can lead to long-term complications for the mother and, in some cases, harm to the baby. When these errors result from medical negligence, they may form the basis for a medical malpractice claim. At Law MD, our medical malpractice attorneys are also medical doctors. In fact, one of our Attorneys, Dr. Richard Kelly, is a Board-Certified Anesthesiologist and Professor of Medicine and Law. Because of the medical training and experience of our attorneys in this area, we understand the details of how anesthesia is applied when it’s done the right way, and also how dangerous it can be for patients when it’s done the wrong way. Understanding Epidural Anesthesia and Its Risks An epidural is a form of regional anesthesia designed to numb the lower part of the body by injecting a local anesthetic into the epidural space surrounding the spinal cord. This method is frequently used during labor and delivery to alleviate pain while allowing the mother to remain awake and actively participate in the birthing process. Although epidurals are common and generally safe, they come with certain risks and potential complications. Some of the known risks associated with epidural anesthesia include: Nerve Damage: Improper insertion of the epidural needle can result in temporary or permanent nerve damage, leading to weakness, numbness, or paralysis in the lower body. Infections: Introducing a needle into the spinal region can create an infection risk, especially if proper sterilization techniques are not followed. An infection in this area can lead to more serious complications, such as meningitis. Respiratory Issues: If the anesthetic affects the diaphragm or breathing muscles, the mother could experience difficulty breathing, requiring emergency intervention. Low Blood Pressure: An epidural can cause a sudden drop in blood pressure, which may reduce blood flow to the baby and lead to complications. The risks associated with epidural anesthesia are why healthcare providers must adhere to strict medical standards when administering it. Medical professionals in birth centers are expected to monitor both the mother and the baby closely throughout labor and after administering the epidural to detect any adverse reactions or complications. How Epidural Errors Can Lead to Malpractice Claims Although many epidurals are administered successfully without incident, errors can and do occur. When these errors result in harm, medical malpractice may be involved. Malpractice occurs when a healthcare provider’s actions (or lack of actions) fail to meet the accepted standard of care, leading to injury or harm to the patient. Some of the most common epidural errors include: Improper Dosage: Administering too much or too little anesthesia can lead to complications. An overdose may result in dangerous side effects like respiratory depression or heart issues, while an under-dose may fail to provide adequate pain relief, causing unnecessary suffering. Failure to Monitor: After the epidural is administered, the healthcare provider must closely monitor the patient for signs of distress, such as a sudden drop in blood pressure or difficulty breathing. Failure to monitor can allow complications to go untreated, putting both the mother and baby at risk. Negligent Technique: If the epidural needle is inserted incorrectly, it can lead to nerve damage, punctured blood vessels, or infection. A healthcare provider’s lack of attention or experience can result in serious injuries during the procedure. For a patient to successfully pursue a medical malpractice claim following an epidural error, several legal elements must be proven: Breach of Duty: The patient must show that the healthcare provider owed them a duty of care and that the provider breached this duty by failing to meet the expected standard of care. Causation: The breach of duty must have directly caused harm to the patient. In epidural malpractice cases, this might include physical injuries like nerve damage, infections, or complications resulting from improper monitoring. Damages: The patient must demonstrate that they suffered actual damages due to the healthcare provider’s negligence. Compensable damages include medical expenses, lost wages, physical pain, and emotional suffering. Under Washington D.C. law, proving negligence in a medical malpractice case can be complex. The standard of care must be established based on what a reasonable healthcare provider would have done under similar circumstances. Expert testimony is often required to explain how the provider’s actions deviated from accepted medical practices. Pursuing Compensation After an Epidural Error If you or your child suffered harm due to an epidural error, it is essential to take immediate action to protect your legal rights. Several steps can help you build a case for compensation: Seek Immediate Medical Attention: If you suspect an epidural error has occurred, seek medical treatment immediately. Prompt medical care is critical for your health and documenting the injury to connect it to the epidural administration. Collect Medical Records: It is vital to obtain your complete medical records. These records can provide key evidence of the procedure, the dosages administered, and any complications that arose during or after the epidural. Document Your Symptoms: Keep a detailed journal of any symptoms or complications you experience following the epidural. Symptoms can include pain, numbness, mobility issues, or other health problems. A comprehensive record will help your attorney demonstrate the impact of the error on your health and quality of life. Notify Healthcare Providers of Your Intent to File a Claim: Under D.C. Code § 16-2802, Washington D.C. law requires that you notify the healthcare provider or facility of your intent to file a medical malpractice claim. Prompt filing is a critical legal step in initiating the claims process. Be Aware of the Statute of Limitations: Washington D.C. has a statute of limitations for filing medical malpractice claims, outlined in D.C. Code § 12-301. In most cases, you have three years from the date of the injury (or the date the injury was discovered) to file a claim. Quick action is critical to preserving your rights. If you successfully prove malpractice, you may be entitled to compensation for a range of damages, including: Medical Bills: Compensation for past and future medical expenses related to the injury, such as surgeries, rehabilitation, or ongoing care. Pain and Suffering: Damages for the physical pain and emotional distress caused by the epidural error. Lost Wages: Compensation for income lost if the injury affects your ability to work or reduces your future earning capacity. Enlist the Aid of an Experienced Attorney on Your Journey for Justice Epidural anesthesia is a common and often effective way to manage labor pain, but when errors occur, the results can be catastrophic for mothers and their families. If you or your child has suffered harm due to an epidural error, it is vital to understand your legal rights and options for seeking compensation. LawMD has the expertise to support families dealing with medical malpractice, particularly in epidural-related cases. Our board-certified Anesthesiologists and birth injury specialists have the unique knowledge and experience that only physicians who are also attorneys can bring to your case. Call us today at 833-MY-LAW-MD (833-695-2963) for a FREE consultation, and we’ll guide you through the legal process to help secure the compensation you deserve.

People often ask “What are neonatal infection and neonatal sepsis?” In this video, we’ll explore this failure to treat the situation. Learn More: What is Birth-Related Injury? – Birth-Related Medical Malpractice What is Birth Injury? – Birth Injury Overview What Are Neonatal Resuscitation Errors? Video Transcript Timestamps 0:00 Intro 0:49 What Are Neonatal Resuscitation Errors? 1:07 What Are Apgar Scores? 2:05 What Doctor’s Look At People frequently ask me, what are problems that can relate to a baby being resuscitated after birth? Resuscitation means that medical actions are performed on the baby to help them breathe and to try to get their heart rate back to normal. There are some babies, who when they’re born, for a variety of reasons, have low Apgar scores and have to be resuscitated in order to survive. 0:49 What Are Neonatal Resuscitation Errors? I’m not going to get into all the reasons that’s necessary. But what I am going to talk about today is what can happen after the baby is born and needs resuscitation, but is not resuscitated adequately. 1:07 What Are Apgar Scores? First of all, let’s talk about the Apgar scores because the Apgar scores were developed probably fifty or sixty years ago by Virginia Apgar, a lady doctor at Columbia University Medical School, which is actually where I went to medical school. I was never fortunate enough to meet Dr. Apgar because she was dead before I was there, but apparently, she was a very, very important person in the medical school. As we know, has the Apgar score named after her. When a baby is born, anywhere in the United States and many places around the world, they are assigned an Apgar score. That is when the baby is examined, and what the doctor or the nurse does is look at five different things about the baby. 2:05 What Doctor’s Look At First of all, they look at the heartbeat, and if the heartbeat is above a certain number or below a certain number, they score it a certain way. Second, they look for respiratory effort, and some babies will have a great respiratory effort. They will cry and you know they’re breathing very, very well. Some will not. Third, you look for reflex irritability where the baby, if you simply pinch the baby a little bit on the toe, the baby will move and show you good reflex irritability. Some babies don’t move at all. The other is the skin color, and the skin color is usually a difficult one to assess on a baby because many times babies are quite cyanotic or quite blue all over their body, and sometimes they’re not. You get a different score when the skin is better. Now that’s four out of five of the Apgar scores components. But that frequently gives you plenty of information about how the baby has been born through the birth canal, and how the baby has survived that birth. When a doctor looks at that Apgar score and sees a low Apgar score, then they know that this baby needs help. Sometimes all you need to do is stimulate the baby and they come around just fine. Sometimes you need to suction the baby and take secretions out of the baby’s mouth and nose, and then they do fine. But sometimes, you need to actually breathe for the baby. The way this is done, first of all, is that you can put a little mask over the baby’s mouth and nose and pump the mask so that a breath goes into the baby. That sometimes will bring the baby around. If that doesn’t work, then you may need to do endotracheal intubation. Endotracheal means inside the trachea. Of course, in order to do that, you have to go through the mouth, you have to visualize the trachea, and then put a small plastic tube in the trachea, connect it to that same bag and mask, and give a breath for the baby. Sometimes when this happens to a baby, the baby really needs that endotracheal intubation quickly. Sometimes people are not there in the delivery room to be able to do it efficiently. If they can’t, then you have a problem. One case that I dealt with some years ago was a baby who needed endotracheal intubation, and the tube was placed, but the tube went down the esophagus, which is right next to the trachea. When that’s done, no air is getting into the lungs when you try to breathe for that baby. Well, that baby went to the newborn intensive care unit with that tube in the esophagus. Because of that, the baby ended up getting serious brain damage. There are ways to detect whether that tube is in the trachea or in the esophagus. But at that particular hospital on that particular day, the nurses and the doctors didn’t do that, and the baby ended up with serious brain damage. Once the baby is resuscitated with the endotracheal tube, the tube has to be tied into the baby’s face. Sometimes the nurses do it correctly, sometimes they don’t. Therefore if they don’t the tube will slip out. If the tube slips out, the baby needs to be intubated again. Sometimes that’s not done in a timely way. There are many ways that mistakes can be made with regard to resuscitation of the baby, and these are just a few. Another way is sometimes baby’s need to have a cardiac massage, and that needs to be done in a specific way. Sometimes that is not. Once again, there are observers in almost every birth, and what they’re supposed to do is write down everything that happens or doesn’t happen. We have to go through those records and determine whether these things happened as they were supposed to. If you have additional questions about neonatal resuscitation or anything related to neonates and obstetrics, please click below and we will get back to you and let you know whatever you need to know. At LawMD, our physician-attorneys are committed to supporting parents and families who have been devastated by a birth injury diagnosis.  More than 12 of our lawyers are also physicians.  As doctors, we understand the medicine in your case. As lawyers, we know how to use our medical knowledge to get justice for our clients.  If you or your loved one has been permanently or seriously injured due to negligence, contact the Medical-Legal team at LawMD. For serious injuries, LawMD is the right medicine for justice.

Watch the video below to learn more about the different types of failures healthcare professionals can make and the expectations and responsibilities healthcare professionals have. Learn More: Jackson Snyder, M.D., J.D. An Overview Of The Prescription Medication Process Who Should You Call When Prescription Medications Cause Issues? Video Transcript Timestamps 0:00 Intro 0:23 Types of Failures Healthcare Professionals Can Make: Responsibilities Of Healthcare Professionals 1:32 Types of Failures Healthcare Professionals Can Make: Expectations Of Healthcare Professionals 3:57 Types of Failures Healthcare Professionals Can Make: Standard Of Care For Healthcare Professionals Healthcare professionals have several responsibilities that go with their work, and there are many scenarios where healthcare professionals may not live up to those responsibilities. 0:23 Types of Failures Healthcare Professionals Can Make: Responsibilities Of Healthcare Professionals They may fail to, for example, diagnose a condition. They may fail to treat a condition. They may fail to tell you that you shouldn’t drive when you take a particular drug or combine a particular drug exposure with drinking alcohol. Healthcare professionals may fail to obtain a proper history of mental conditions. There may be a failure to obtain a history of physical conditions, a variety of disorders. There may be a failure to account for allergies, including allergies to medications. There may be a failure to account for what’s known as a contraindicated medication, which means that if an individual’s taking one medicine, it may be a medicine that has an effect such that the medicine you’re thinking about prescribing shouldn’t be prescribed. 1:32 Types of Failures Healthcare Professionals Can Make: Expectations Of Healthcare Professionals We also have situations where healthcare professionals are expected to account for what are known as contraindicated comorbidities, or conditions. The idea is that if you have a particular disorder, that condition may be one for which you should not be prescribed a particular drug. There’s the concept of or an expectation that a healthcare professional read particular types of records. For example, healthcare professionals today are expected in the context of prescribing pain medications, to access what are known as prescription drug monitoring program databases that have been instituted by many different states. The idea is to understand whether or not a patient for whom you are considering prescribing a particular medication is already taking a similar sort of medication. There’s a record of prescriptions for that particular kind of pain medication. There are expectations of healthcare professionals to read various types of records, and that includes healthcare records or reports from other healthcare professionals. When it comes to whether or not a particular drug should be prescribed, and how it should be prescribed, when it should be prescribed, how often it should be taken, or how much should be taken, the physician is expected to understand whether or not a particular individual has a history of liver problems or a history of kidney problems. There’s also the concept of properly monitoring a particular patient’s condition and drugs. So the idea is that there can be a failure to monitor the individual simply by communicating with that individual, that patient, or their caregiver. And then there’s the other type of monitoring, which has to be known as drug monitoring, where an individual patient provides a body fluid. It could be blood, it could be urine, and that body fluid is used to analyze for the presence of or the amount of a particular drug in that individual’s body fluid. 3:57 Types of Failures Healthcare Professionals Can Make: Standard Of Care For Healthcare Professionals There’s also another type of responsibility that healthcare professionals have, and that is to comply with various operating procedures and to abide by certain rules that have to do with how patients are treated when they have a particular condition, the so-called standard of care that physicians and providers need to comply with. There’s also the failure to understand the behavioral capabilities, the behavioral aspects of a particular patient. Some patients are more likely to be able to comply with a particular prescription regimen than other patients, and the physician is expected to understand something about that particular patient’s underlying compliance capabilities before prescribing a particular kind of medication. Again, there are a variety of different scenarios where healthcare professionals can fail to do that which they are expected to do as healthcare professionals, and if you want to learn more about these types of shortcomings or failures on the part of healthcare professionals, please explore other aspects of the LawMD website. You want to trust your healthcare professional to take care of you when you go to see them for diagnosis or treatment. You are often literally giving your life to the nurse or attending physician. Neglecting to diagnose or treat your condition can cause serious injury or even death. When a doctor fails to diagnose or treat you, LawMD’s medical-legal team is available to assist. What is a Failure To Treat/Diagnose? There are many ways that a failure to diagnose or treat a condition can happen. It is when a doctor, nurse, or other healthcare professional fails or neglects to diagnose or treat a patient’s condition. This can lead to more harm. Here are some examples of failing to diagnose/treat a condition: Incorrect test results can lead to an incorrect diagnosis. Improperly interpreting test results can lead to incorrect diagnosis and treatment. Failure to complete the necessary tests and procedures Failure to diagnose or treat a patient, often based on the inability to pay It is important to inform a patient about all treatment options. Referring a patient to a specialist is not a good idea if the patient’s medical condition calls for one. When the condition is urgently critical, it is not a good idea to delay diagnosis or treatment. NOTE: These are not exhaustive and any action or omission that causes harm beyond the reasonable standard for care could be considered medical malpractice. For a FREE Consultation, contact LawMD immediately if you are unsure if medical malpractice occurred. What can be done? To prove that medical malpractice occurred when it was not possible to diagnose or treat patients, a plaintiff must show three things. At the time of failure to diagnose/treat, there was a medical relationship. The negligent act of a hospital, clinic, or physician As a result of this negligence, the patient sustained an injury, loss, or wrongful death. Medical Relationship A medical relationship is one in which a doctor, nurse, or another healthcare professional has the responsibility of diagnosing and/or treating a patient. Medical records, medication receipts, treatment bills, and other documentation such as medical records can be used to prove that there was a medical relationship at the time the patient was not diagnosed or treated. Negligence Physicians, nurses, and other healthcare professionals should act within a reasonable standard. The patient must prove that the responsible party violated the standard of care or acted negligently. Expert testimony and other experts can help to determine if the responsible party acted in ways that are different from others. Harm It is not enough to prove negligence. Patients must prove they were injured or died as a result. It could be that the patient’s condition was made worse by untimely care or that they died from incorrect or insufficient treatment. Are you a victim of medical malpractice? It can be hard to navigate cases where the medical professional failed to diagnose or treat the problem. Contact LawMD’s Medical-Legal team today if you or someone you care about has suffered an injury due to the negligence of a physician. Our lawyers include more than 12 physicians. We are doctors and we know the medical aspects of your case. We are lawyers and we can use our medical knowledge for justice. LawMD is the best medicine for justice Contact LawMD immediately if you or a loved one have been seriously or permanently injured by negligence. Our lawyers are also Doctors!

Unfortunately, infants can be injured during the birthing process, or in the period of time before childbirth due to negligent actions of doctors or other health care workers. While not all birth injuries rise to the level of seriousness worthy of a lawsuit, those injuries that do inflict severe harm can and should be brought into the legal arena when they are due to the negligence or omissions of health care providers. Birth injuries cause serious emotional and financial damage to families. Parents of birth injured children can face costly medical procedures and attendant care for the lifetime of the child. A skilled Maryland birth injuries attorney at LawMD can fight aggressively to secure fair monetary compensation so that adequate care can be provided for the birth-injured child. Since you only have a limited time in which to file a birth injury lawsuit, do not hesitate to contact our birth injury law firm in Maryland as soon as you suspect something is wrong with your infant. Causes of birth injuries are many Newborns can be injured in many types of ways including during a difficult birth. Some conditions that are associated with the types of difficult birth that can lead to a birth injury include but are not limited to the following: Premature baby Large babies Narrow pelvis or other pelvic abnormality Dystocia Prolonged labor Abnormal birthing presentation such as breech Oxygen deprivation Common birth injuries Common birth injuries include but are not limited to the following: Caput succedaneum Subconjunctival hemorrhage Brachial palsy Fractures of the clavicle or collarbone Cerebral palsy Erbs palsy Brain damage Facial paralysis Klumpke’s palsy Spinal cord damage Forceps injuries A skilled Maryland birth injuries lawyer at The Lawmd knows how to evaluate the facts surrounding the birth injury of your child. Your attorney can make a determination regarding whether the injury was preventable if health care professionals adhered to proper medical procedures, or if you were the victim of negligent prenatal care or mistakes in the delivery room that could have been avoided. Victims deserve fair compensation to assist them with medical care, therapy, long-term attendant care, and pain and suffering. Contact our Maryland birth injury law firm today to speak to an attorney If your newborn has been injured in childbirth or during prenatal care, and you need experienced legal representation in Maryland, contact us online, or Call (833) MY-LAWMD ( 833-695-2963 ) for a free initial consultation. We also serve clients in District of Columbia and Virginia.

Watch the video below to learn all you need to know about surgical injuries and medical malpractice. Learn More: Wrong Site Surgery & Wrong Patient (Surgical Negligence) Retained Surgical Foreign Bodies After Surgery What Is The Difference Between Medical Malpractice And Medical Negligence? Video Transcript Timestamps 0:00 Intro 0:17 Injuries Will Happen 0:53 Possible Complications 2:01 Surgical Injury Medical Malpractice Hi, I’m Bill Hinnant, physician attorney. It’s a pleasure to be with you today. Our topic today is surgical injuries. 0:17 Injuries Will Happen Surgical injuries are an interesting topic from a medical-legal standpoint because injuries are going to occur. Any of you who have ever undergone surgery probably realize that you signed an informed consent at the time that you undergo an operation that explains to you or should explain to you what the potential expectations following the procedure should be, and you also should be warned as to what potential complications might be expected. 0:53 Possible Complications Typically, these will include things like bleeding, infections, surgical scars, maybe injury to adjacent organs, this type thing. The long and short of it is that in surgical practice, whether it’s general surgery or some surgical sub-specialty, injuries do occur. So what generally occurs in the case of surgical injuries is ok, what is a complication versus what might be negligence? And negligence amounts to no more than just carelessness. What’s carelessness versus what is an expected potential complication of the procedure? These are tough cases because many lawyers will tell you if you come in with a surgical injury and some damages that you’ve accrued as a result of that injury, that well, the reaction is really not possible because you signed a consent and you acknowledged that there may be some possibility of a complication. 2:01 Surgical Injury Medical Malpractice I’d submit to you that these cases need to be looked at in a very critical fashion by someone with medical and legal experience because every surgical injury is not necessarily a complication. And number two, if an injury occurs that might otherwise be a complication, if it’s not detected at the time it occurs, and isn’t properly addressed, what you may be dealing with is medical negligence. Doctors, nurses, and other medical professionals in the operating room are responsible for ensuring that patients get the best possible care, regardless of whether a procedure has been planned for months. Our Nationwide surgical error lawyers can help you to hold negligent parties accountable for your injuries and prevent that from happening. According to the Agency of Healthcare Research and Quality ( AHRQ), around 1 in 112,000 surgical procedures results in injuries. These errors, also known as medical negligence, can occur for many reasons. However, these reasons don’t excuse negligent medical professionals. Patients have the right to hold negligent medical professionals accountable for any errors they may have prevented. These rights can be explained to you by our Physician Attorneys at LawMD. What Kinds Of Surgical Errors Are Common? The wrong site procedure. This is the most common type of surgical error and injury. This happens when patients have surgery done on healthy parts of their bodies instead of the ones that require it. It is most common when surgery is performed on the wrong side. Patients may need to have their healthy organs removed in the most serious cases. Wrong Patient Surgeries. Communication is essential between doctors, nurses, as well as other medical staff. If charts are not maintained, or patient confirmations don’t occur prior to procedures, it is possible that a patient may have surgery that isn’t meant for him. Anesthesia Errors. Anesthesia errors. Brain damage can occur if too much medication is given. Too little could cause the patient to wake up or feel unnecessary pain. To ensure that the patient is not unconscious, the anesthesiologist must also consider age, weight, and medication allergies. Another common error in surgery is: Incorrect use Negligent sanitation preparation Unnecessary surgeries You should not leave surgical instruments, sponges, or towels behind. Nerve damage Prematurely releasing a patient Failure to follow up with patients after surgery Our Nationwide surgical injury lawyers are available to help you if you feel you have been wrongfully injured after a medical procedure. We will investigate your case and show you why it happened. Why Do Surgical Mistakes Happen? Every surgery is different, and every error is unique. However, there are certain patterns that can be used to identify surgical errors. Poor Communication. Poor communication can lead to a variety of errors including wrong side or site surgeries. Before the surgery begins, surgeons must ensure that all medical equipment is available. There could be complications if they don’t inform the nurse. Inadequate training. Not all medical professionals we meet are as qualified as they should be. Your surgery may fail if your surgeon is not familiar with the procedure or lacks the necessary knowledge. Fatigue. Many doctors and nurses work too hard. A surgeon who works a long shift may make more mistakes if tired. Neglect. A doctor who fails to sterilize or verify a patient or uses surgical equipment known to be defective can cause serious injury to the patient. What Are The Consequences Of Errors During Surgery? Even though surgeons follow safety protocols, errors can still happen. Patients may believe that the symptoms they experience after surgery are normal. However, you should immediately contact your doctor if you notice any of these symptoms. Fever Sharp pains at the surgical site Abdominal pain Swelling or redness near a surgical wound Vomiting These symptoms may indicate an infection. Although infections can be treated, it’s possible that the infection was not present in the first instance. The patient may need additional surgery if the infection is caused by a medical device left in their body. This can increase the risk of further complications. Anesthesia errors are among the most fatal of all the errors that we have discussed. Brain death can happen before medical intervention is possible. Can An Attorney Help Me Prove That A Preventable Surgical Error Occurred? There are always risks involved in any type of surgery, especially considering the complex nature of invasive procedures. However, if a healthcare professional fails to uphold the standard of care or results in injuries, our Nationwide surgical error lawyers can help you file a medical malpractice lawsuit. Three essential elements are required for a claim to be successful: Breach. The work of a medical professional fell below the accepted and expected duty of care. Injuries. The doctor’s negligence caused the patient’s injury. Damages. The patient’s injury had a detrimental impact on their physical, financial, and psychological health. Our skilled Physician Attorney Team can help you because every case is different. LawMD is ready to examine your case and show you that you are entitled to compensation. Your medical expenses, future care costs, lost wages, pain, suffering, and other damages may all be covered by compensation. Contact us for more information about your legal rights.