Medical malpractice is a serious issue, affecting thousands of patients every year. These errors can have life-altering consequences, and understanding the most common types of claims can help Texas residents safeguard their health and rights. Below, we’ll explore the top five most common medical malpractice cases, the potential repercussions for patients, and how Texas laws address these issues.
1. Misdiagnosis or Delayed Diagnosis
One of the most prevalent forms of medical malpractice is misdiagnosis or failure to diagnose a condition promptly. A doctor may incorrectly identify a condition or fail to recognize warning signs, leading to inappropriate or delayed treatment.
- Consequences for Patients: A misdiagnosis can leave serious conditions, such as cancer, heart disease, or infections, untreated until they progress, reducing the chances of successful treatment. For some, it may result in unnecessary medical procedures or medications that cause additional harm.
- Texas Context: According to Texas law, proving a misdiagnosis claim involves demonstrating how another competent doctor, in similar circumstances, would have correctly diagnosed the condition. The state’s medical malpractice laws outlined in the Texas Civil Practice and Remedies Code require substantial evidence to show negligence caused the harm.
2. Surgical Errors
Errors during surgery are another significant source of malpractice claims. These mistakes may include operating on the wrong site, leaving surgical instruments inside the patient, or damaging nearby organs and tissues.
- Consequences for Patients: Surgical errors can result in infections, chronic pain, loss of function, or even death. Corrective surgery may lead to additional medical expenses and recovery time.
- Texas Context: While Texas caps non-economic damages, such as pain and suffering, surgical error cases can include substantial economic damages for medical bills, lost income, or ongoing care needs.
3. Medication Errors
Medication errors occur when a healthcare provider prescribes, administers, or dispenses the wrong medication or dosage. Alternatively, the provider may fail to check for drug interactions or allergies.
- Consequences for Patients: Incorrect medications can lead to severe allergic reactions, worsening the original condition, or dangerous side effects. For some, these errors can prove fatal, particularly for individuals relying on life-saving medications.
- Texas Context: Pharmacists and physicians may be liable for medication errors. To strengthen a case in Texas, expert witnesses are typically required to outline how the standard of care was breached and resulted in harm.
4. Birth Injuries
Birth injuries impact some of the most vulnerable patients—newborns and their mothers. These injuries may result from improper use of delivery tools, failure to monitor for signs of distress, or negligence during prenatal care.
- Consequences for Patients: A mishandled delivery can leave a child with long-term disabilities such as cerebral palsy, brain damage, or nerve injuries. Mothers may also experience severe physical trauma or life-threatening complications.
- Texas Context: Birth injury cases can be subject to strict damage caps in Texas. However, because these injuries often lead to lifelong needs for care, plaintiffs may pursue significant economic damages for medical expenses and loss of earning capacity.
5. Anesthesia Errors
Anesthesia errors can have severe consequences, ranging from minor complications to fatal events. Mistakes may include:
- Administering the wrong dosage.
- Failing to monitor vital signs.
- Ignoring patient allergies and medical history.
Consequences for Patients:
An overdose of anesthesia can cause permanent brain damage or death. On the other hand, underdosing may result in the patient waking up mid-surgery. Even minor mistakes can lead to long-lasting pain or complications.
Texas Context:
Anesthesia errors often require expert testimony to explain the deviation from the standard of care. Plaintiffs must also prove a clear cause-and-effect relationship between the error and their injury.
Key Texas Laws and Caps on Damages
Texas applies strict requirements to medical malpractice claims:
- Expert Reports: Plaintiffs must submit an expert report within 120 days of filing their lawsuit to validate the claim.
- Caps on Non-Economic Damages: Non-economic damages are limited to $250,000 for doctors and $500,000 for healthcare facilities, making it important to document all economic losses.
- Statute of Limitations: Patients generally have two years to file a malpractice claim, though exceptions may apply for undiscovered injuries or claims involving minors.
San Antonio Medical Malpractice Lawyers
Medical malpractice is a complex issue that affects patients, healthcare providers, and legal professionals alike. Understanding the common types of malpractice, such as misdiagnosis, surgical errors, medication errors, birth injuries, and failure to treat, is crucial for improving patient safety and ensuring accountability within the healthcare system. By implementing preventative measures and adhering to established protocols, healthcare providers can reduce the risk of errors and enhance patient outcomes. For those affected by medical malpractice in San Antonio, TX, Maloney Law Group, P.L.L.C. offers expert legal guidance and support, helping patients and their families navigate the complexities of medical malpractice claims. If you or a loved one has been impacted by medical malpractice, contact us at (210) 361-2997 to explore your legal options and seek the justice you deserve.