Medical errors are an everyday occurrence in the field of healthcare. While this may seem alarming, it’s important to realize not all medical errors are dangerous or life-threatening. What’s more, not all medical errors are acts of medical malpractice. The difference between a medical error and medical malpractice has to do with negligence.
A medical error is a mistake that can happen even when a doctor, nurse, pharmacist or other medical professional is acting with the necessary care and professionalism. It may result from miscommunication, fatigue or unforeseeable complications and may or may not result in patient injury. Even competent people make mistakes at work – and they’re not always the result of negligent behavior.
On the other hand, for medical malpractice to occur a healthcare provider must deviate from the accepted standard of care by acting negligently or recklessly, which directly harms the patient.
If you believe your injuries are the result of medical malpractice, you may benefit from discussing your situation with our team of medical malpractice lawyers. We can help you determine if you have a valid legal claim and whether it’s in your interest to pursue legal action.
What Is a Medical Error?
Medical errors refer to mistakes or oversights in healthcare that may result in harm to a patient. These errors can encompass a wide range of actions or inactions, including discharging a patient prematurely and misdiagnosing a condition. Keep in mind that medical errors can occur despite healthcare providers following all proper protocols and guidelines.
Why Medical Errors Without Negligence Are Not Eligible for a Medical Malpractice Case
Medical errors, while unfortunate, are not necessarily grounds for a medical malpractice case due to a lack of negligence or deviation from the standard of care. Many medical procedures and treatments carry inherent risks and not all adverse outcomes are attributable to malpractice.
Consider a scenario in which a pharmacist provided a patient with a 10 mg dose of a prescribed medication, instead of the intended 5 mg dose. The patient’s doctor had written the prescription in haste, and the “5” appeared to be a “10”. The patient noticed the mistake, confirmed the correct dose with their doctor, and no harm resulted.
Another example would be a busy doctor misdiagnosing pneumonia as a common cold and recommending over-the-counter medications and rest. Though an error was made in the initial diagnosis, it was a reasonable oversight given the similarity of early symptoms between the two conditions, especially without any alarming signs at the first visit. In that scenario, misdiagnosis would likely not rise to the level of negligence.
Examples of Medical Errors
- Medication Error: Administering the wrong medication or incorrect dosage to a patient due to confusion or miscommunication.
- Documentation Errors: Inaccurate or incomplete medical records that can lead to incorrect diagnoses or treatments.
- Communication Errors: Miscommunication between healthcare providers or between providers and patients, which can result in misunderstandings or misdiagnoses.
What Is Medical Malpractice?
Medical malpractice involves a healthcare provider’s negligent or reckless actions or omissions that directly harm a patient. Negligence in this context means that the provider failed to meet the standard of care expected in their field, resulting in harm to the patient.
Medical malpractice cases require proof that the healthcare provider failed to meet the standard of care, whereas medical errors can occur even when all proper procedures are followed.
Examples of Medical Malpractice
- Surgical Errors: Leaving surgical instruments inside a patient or making avoidable mistakes during a procedure which results in pain and suffering and requires additional medical treatment.
- Misdiagnosis or Delayed Diagnosis: Failing to correctly diagnose a condition due to a failure to meet the standard of care, resulting in the preventable progression of a disease or condition.
- Birth Injuries: Injuries to a newborn during childbirth resulting in brain injury and permanent disability.
- Anesthesia Errors: Administering too much anesthesia resulting in the patient’s death.
It’s not always clear when the standard of care wasn’t met, which is why Texas requires plaintiffs to obtain expert witness testimony from a doctor with relevant credentials who can attest to the standard and how the defendant failed to meet it. The witness must be a licensed physician who specializes or practices in the same field of medicine as the defendant.
Proving Medical Malpractice
Proving medical malpractice can be challenging and typically requires the following elements:
- Establishing a Doctor-Patient Relationship: Demonstrating that a doctor-patient relationship existed, establishing the duty of care.
- Breach of Standard of Care: Proving that the healthcare provider deviated from the accepted standard of care.
- Causation: Establishing a direct link between the provider’s breach of care and the patient’s injury.
- Harm or Damages: Demonstrating that the patient’s injuries caused harm or damages, like additional medical expenses or pain and suffering.
Contact a Houston Medical Malpractice Attorney Today
If you believe you or someone you love are a victim of medical malpractice but you’re unsure how to hold the relevant medical professionals accountable, we can help. Our experienced medical malpractice attorneys will be happy to discuss your situation for free.
To schedule your free consultation, contact us online or call (713) 668-4545.