Have you ever wondered if a mistake made during your medical care could be considered medical malpractice? Many people in St. Louis are confused about the difference between medical errors and situations that qualify as legal malpractice.
These terms are often misused in conjunction but have particular nuances and associations, especially during legalities. Understanding these distinctions can be liberating, especially if you’ve experienced an adverse outcome after medical treatment.
In this blog post, we’ll understand these terms and why they should matter to you.
What Are Medical Errors?
Let’s start by clarifying what a medical error is. A medical error is any unintended deviation from the quality of care during your treatment. These errors can happen at various stages, from diagnosis and medication prescription to surgery and post-operative care.
Notably, a medical error sometimes means a good outcome. Sometimes, despite blunders, treatments are successful.
The critical factor to consider is whether the error resulted from a preventable breakdown in the standard of care. Medical errors can occur due to countless variables. These include communication issues between healthcare providers, fatigue or distractions among medical staff, and even system failures within hospitals or clinics.
If you believe a medical error has caused harm, consulting St. Louis personal injury lawyers can help determine if you have a case. They can guide you through collecting evidence and pursuing a claim if warranted.
What Is Medical Malpractice?
Medical malpractice goes beyond a simple medical error. It happens when a healthcare professional provides substandard service, causing patient dissatisfaction or harm.
This negligence can take multiple aspects, including surgical blunders, misdiagnosis, or incorrect dosage administration. For example, if a surgeon leaves a surgical instrument inside a patient or operates on the wrong body part, it is considered medical malpractice.
The critical element here is the breach of professional duty of care. Healthcare providers are expected to adhere to a certain standard, and deviating from this standard can cause serious consequences. Proving medical malpractice involves meeting specific legal criteria.
First, the patient and the healthcare provider must establish a duty of care. Next, it must be proven that this obligation was violated. Finally, it should be demonstrated that the violation led to patient harm or injury. Professional deposition is often required to establish these points in court.
If you win a medical malpractice case, you may be compensated for various damages, including:
- Medical expenses: This covers past and future medical bills associated with treating the injury caused by the malpractice.
- Lost income: If your injury affects your working ability, you can seek compensation for lost wages.
- Pain and suffering: This includes emotional distress, physical pain, and loss of enjoyment of life caused by the malpractice.
In one notable case in St. Louis County, a $10 million verdict was awarded to a patient who suffered severe complications due to surgical errors. The surgeon, in this case, performed the surgery incorrectly while failing to mitigate post-operative complications. The 25-year-old victim has been battling severe symptoms for the past seven years. Moreover, she will also have to self-catheterize for the entirety of her life.
This case underscores the severe consequences of medical malpractice and the importance of holding healthcare providers accountable. It’s important to note that under Senate Bill 239, Missouri caps non-economic damages (pain and suffering) in medical malpractice cases. These caps are adjusted annually for inflation. The Missouri Department of Insurance states that the current cap is $465,531 for non-catastrophic injuries and $814,679 for catastrophic injuries.
This means that even if a jury awards you a higher amount for pain and suffering, your compensation will be limited to the cap.
What Is Medical Negligence?
Negligence in healthcare refers to situations where a healthcare provider’s carelessness or recklessness leads to injury. Examples of negligence include a missed diagnosis due to incorrect tests, medication errors due to inattentiveness, or avoidable complications during surgery.
Just last year, a Missouri patient received a $1,000,000 verdict after undergoing surgeries at Mercy Clinic East Communities. However, the surgeon operated on the functioning side of her body and at the incorrect spinal level. The following day, the surgeon performed another procedure on two levels instead of the intended one.
According to the Lawsuit Information Center, the defendant admitted to the initial error but disputed negligence. While negligence doesn’t always cause malpractice (proving a breach of the standard of care can be tricky), it can still have serious consequences. You must seek reimbursement for your damages if you’ve been wronged due to negligence.
The components of negligence include duty, violation, causation, and damages. These elements are similar to those in medical malpractice but apply to a broader range of scenarios.
What Are the Key Differences Between Medical Malpractice and Negligence?
One key distinction between medical malpractice and negligence lies in the intent and professional duty. Medical malpractice involves a breach of professional duty specific to healthcare providers, while negligence represents a general duty of care that should follow.
Legal proceedings and the burden of proof also differ. In malpractice cases, plaintiffs must prove that the medical professional violated the standard medical procedure. This often requires detailed medical knowledge and expert witnesses. In contrast, proving negligence typically focuses on whether the defendant failed to act as a competent professional in similar circumstances.
The impact on victims can also vary. Medical malpractice can lead to severe health complications and prolonged suffering. In contrast, negligence can result in a wide range of injuries, depending on the situation.
- Louis Statute of Limitations for Medical Cases
In St. Louis, under the Missouri Revised Statutes section 516.105, you must file a claim 24 months from the incident date. But there are exceptions.
If you couldn’t have reasonably discovered the injury right away, you have two years from the date of discovery. However, a case can be filed up to ten years after the incident.
Patient Rights and Responsibilities
Consulting a qualified lawyer is crucial when dealing with medical malpractice or negligence. Personal injury lawyers are well-versed in managing such cases. They can help you through the legalities and ensure your liberties are upheld.
Deciding on the right lawyer involves evaluating their expertise and specialization. For medical malpractice cases, TorHoerman Law suggests working with a lawyer having a solid understanding of medical laws and access to expert witnesses. For negligence cases, hire a lawyer with a strong track record in personal injury claims.
Understanding the difference between medical errors, negligence, and medical malpractice is vital for every St. Louisan. While most healthcare providers strive to deliver optimal care, mistakes can happen. By knowing your rights, staying informed, and actively participating in your healthcare, you can better protect yourself and your loved ones.
Remember, if you suspect medical malpractice, act promptly. Gather all relevant information, seek a second medical opinion, and consider consulting a legal professional. Your safety and well-being are worth fighting for.
