Types of Medical Malpractice

Medical Malpractice is a term we use for any action performed by a medical professional or institution that causes injury or suffering. A medical malpractice lawsuit can be brought against doctors, nurses, and other medical staff, or against an entire hospital or clinic, depending on who was at fault.

That said, it can often be difficult to know who is responsible or even what kind of harmful actions constitute as actionable cases of medical malpractice. Below is a list of common examples of medical malpractice you can use as a starting point.

Medical Procedures Gone WrongWhen a medical procedure goes wrong it can be the basis of a medical malpractice lawsuit, but you have to be careful when considering poor or harmful outcomes of a medical procedure. Even if you are hurt as a result of a medical procedure, it does not count as medical malpractice unless you can prove you were injured as a result of negligence.

Incorrect Drug ProscriptionsBeing prescribed the wrong drug can be the basis of a medical malpractice lawsuit, especially if your doctor did not take into account things he should have known like your medical history and other medications you were taking at the time.

Mistaken Diagnosis

If your doctor treats you for a medical problem that you do not have, that treatment can be the basis of medical malpractice. Like all medical malpractice concerns, you should consult with your attorney before moving forward with a lawsuit as sometimes a doctor can make an honest mistake in a complex diagnosis without that mistake rising to the level of medical malpractice.
Surgical Infections

Infections that occur after surgery are sometimes the result of medical staff not following proper procedure. An experienced medical malpractice attorney can help you prove this was the case

Informed Consent

Doctors and other medical professionals must accurately explain the test, study, or medical procedure they are going to preform on you. Failure to do so, especially when that failure involves lying to you about a procedure, can be grounds for a valid medical malpractice suit.
In all these cases, it is wise to seek out a law firm with significant experience in dealing with medical malpractice cases. Hospitals and clinics often have teams of lawyers ready to dismiss or justify otherwise valid incidents of medical malpractice. You deserve someone on your side who can help guide you through the complexities of medical law and procedure.
The team at Martin Walker, P.C. has spend well over a decade helping the people of East Texas. If you or a loved one was injured by what you thing may have been a case of medical malpractice, give us a call today.


The Danger of Hospital Infections

Medical Malpractice is a complex and difficult subject for patients. Most of us trust our doctors and hospital staff to be professional, to know what they are doing, to follow procedures, and to not make mistakes. And, of course, the thought that you were not cared for properly can sometimes be difficult to accept in the first place. And then, it can seem overwhelming having to take the time and effort to properly prove a medical malpractice case when you or a family member is already sick or injured.

One of the areas we have seen patients struggle with is the issue of hospital infections. Hospitals may seem like safe, clean places, but their very nature of caring for our sick and injured often makes this something of an illusion. In reality, a hospital’s staff has to take great care and follow strict procedures to prevent germs and infections from spreading throughout their patient population. And when those procedures are not followed or a mistake is made, even a routine hospital visit can turn into a life or death struggle for you or a loved one.

Infections caused by hospital staff or doctors can be especially difficult to prove because the timing of the infection can be in question. Additionally, often times we as patients do not have a good understanding of what procedures are supposed to be in place to combat infections. There are also rules, regulations, and deadlines that control when you can bring a lawsuit regarding medical malpractice cases, including those involving infections.

If you think yourself or a loved one suffered because of an infection acquired at a hospital do not wait. Contact the medical malpractice experts at Martin Walker P.C. today for a free consultation. We can help you determine if you have a valid medical malpractice case and will work with you every step of the way to get the justice you deserve.


Your Emergency Room Rights


Do you know the basic rights you are supposed to be given by most emergency rooms? Any hospital that accepts Medicare from the federal government is required to provide a base level of service to all patients who visit its emergency rooms. This basic level of service includes:

  • An initial examination to determine the nature of your medical emergency.
  • Stabilizing treatment to you if you are in medical distress regardless of your financial or insurance status.
  • You cannot be turned away based on things like age, ethnicity, religion, or past medical history.

There are several ways a hospital can violate these rules. Turning a patient away is a major violation, but a hospital can also be held liable for other things like failing to properly screen its staff for the necessary experience or failing to have enough staff on hand to guarantee a proper level of patient care. And, of course, emergency rooms are still held accountable to standard medical mistakes or negligence on behalf of its staff.
If you or someone you love was turned away from an emergency room or received a substandard level of care we can help. Contact us for a free consultation.


Medical Malpractice Revealed To Be 3rd Leading Cause of Death in the US


Earlier this month Martin Makary and Michael Daniel, two professors from Harvard University, published a report in BMJ (formerly the British Medical Journal) that revealed disturbing statistics about the scale and scope of medical malpractice in the United States.
After analyzing four comprehensive studies, the professors found that up to 251,000 people die each year because of medical mistakes and negligence. Numbers this high are especially worrying because they would place the number of yearly deaths due to medical error above well know causes like Diabetes (76,000) Alzheimer’s (90,000), and Respiratory disease (150,000). What this report indicates is that medical malpractice is a much larger problem than anyone is willing to admit to.
Makary and Daniel hope that their study will shed light on the severity of the medical malpractice problem in the United States. The end goal would be to significantly reduce the number of medical malpractice incidents, but that can’t happen until hospitals and doctors open up more about medical errors.
“Measuring the problem is the absolute first step,” Makary said while calling for hospitals to settle on a standard reporting method instead of each organization choosing which errors to report.
To read about this new study and what it authors think should be done, you can read the full report at the The Washington Post’s website.