Case Studies And Precedents In Medical Malpractice

What Is Medical Malpractice?

Medical malpractice occurs when a healthcare provider, including doctors, nurses, and other medical professionals, fails to follow the accepted standard of care and causes injuries and harm to a patient. This can include errors in diagnosis, treatment, medication management, surgical procedures, or failure to properly communicate with patients about risks and alternatives. 

Medical malpractice can result in physical injury, emotional trauma, financial burdens for the patient and their family, and even death. Medical malpractice victims may be entitled to compensation for their damages through legal action against the responsible parties with help from a medical malpractice lawyer in Las Vegas.

What Is the Most Common Type of Medical Malpractice?

The four most common types of medical malpractice include:

• Birth injuries: Injuries sustained by infants during childbirth due to negligent actions by healthcare providers, resulting in lifelong consequences for both the child and their family
• Medication errors: Administering the wrong medication, incorrect dosage, mislabeling medications, or failing to check for drug interactions that could cause serious harm
• Delayed or misdiagnosis diagnosis: When a healthcare provider fails to properly diagnose a medical condition, it can lead to incorrect treatment or delays in receiving necessary care
• Surgical errors: Mistakes during surgery, such as operating on the wrong body part, performing the wrong procedure, leaving surgical instruments inside the patient’s body, or providing inadequate post-operative care

Who Can You Sue in a Medical Malpractice Lawsuit?

When talking about medical malpractice, most people do not realize that lawsuits are not limited to just doctors and hospitals. Between 2018 and 2021, around 18% of all medical malpractice lawsuits involved nursing students, nurses, and nursing assistants, as reported by Nurse Journal. Lawsuits can also include other healthcare professionals, including dentists, optometrists, physical therapists, physician assistants, and occupational therapists. 

Case Studies and Precedents

Case studies and precedents serve as valuable learning tools for understanding the legal standards applied in medical malpractice lawsuits and can help guide future decisions in similar situations. Precedents set by higher court rulings also significantly shape legal outcomes in medical malpractice cases and provide important guidance on legal principles and requirements.

Additionally, case studies and precedents are essential resources for lawyers, judges, healthcare professionals, patients, and policymakers involved in addressing issues related to medical malpractice. They help establish accountability for substandard care while promoting improved patient safety measures within the healthcare system.

The following are several examples of different cases to help you better understand medical malpractice and the complexities of these cases.

Example 1: Wrong Medication Dosage Recorded by Nurse

This case involves a nurse who recorded the wrong medication dosage for a post-kidney transplant patient. Upon discharge from the hospital after a kidney transplant surgery, the discharging nurse mistakenly wrote down the wrong dosage for the anti-rejection medication that determines the success of the transplant.

After three days, the patient was readmitted to the hospital, where he remained for 45 days. Upon investigation into the matter, the medication error was discovered. The patient filed a medical malpractice lawsuit against the hospital, the surgeon, and the nurse. After a year of negotiations, the case was settled for $1.5 million. The nurse was responsible for $495,000 of the settlement. 

Example 2: Tragic Outcome from Negligent Occupational Therapist

An occupational therapist (OT) was asked to cover the rest of another therapist’s patient discharge. Worried about exceeding her hours and going into overtime, the OT rushed through the discharge of a patient without verifying whether they had the necessary safety equipment needed to shower at home. Tragically, the patient was found three days later deceased on the bathroom floor. 

The patient’s family sued the OT for negligence when completing the discharge of their loved one. The court sided with the family, and the OT was ordered to pay the family $400,000 out of her pocket because she did not have medical malpractice insurance. 

Example 3: Physician Not Notified of Change in Patient’s Condition

In this example, several nurses did not notify the attending physician about a change in a patient’s condition. The patient was 62 years old with a history of various abdominal surgeries. She was admitted to the emergency room because she was complaining of abdominal pain.

She was initially diagnosed with constipation. However, a few days later, the patient was vomiting and dry heaving. After another examination by a physician, it was decided that she should be transferred to another hospital the following day. 

However, overnight, the patient vomited more, and the nurse noted the vomit had a faint bowel odor but failed to notify the doctor. After the transfer, the new hospital conducted a CT scan to discover a bowel obstruction and noticed the patient also had pneumonia. Even though antibiotics were given and treatment was given to remove the obstruction, it was too late. The patient died the following day. 

The patient’s son sued the hospital on the grounds the nurses were negligent in not reporting the changes in his mother’s condition to a physician. The jury awarded the son $500,000. 

Example 4: Doctor Misdelivered Baby Resulting in Lifelong Injuries

In 2018, a family was worried their unborn baby was in fetal distress, and there were signs this was occurring. The physician did not proceed with a cesarean section, which would have helped the baby. Instead, she decided to proceed with normal childbirth. During birth, the doctor also used forceps, resulting in a fracture to the baby’s skull. She then proceeded to use a vacuum extractor, which she should not have done. 

Ultimately, due to the doctor’s negligent behavior and actions, the baby was born with brain damage and a fractured skull. The family sued, and in 2022, a jury awarded the family $97.4 million in damages since their son requires round-the-clock care for the rest of his life. 

What Is the Most Famous Case of Medical Malpractice?

One of the most famous cases of medical malpractice, with the largest personal injury settlement, occurred in 2006 in the case of Navarro v. Austin. Mr. Navarro was left permanently brain-damaged after seeking medical care for a potential stroke. Even after sharing that there was a family history of stroke, he was diagnosed with sinusitis and sent home. 

The following day, Mr. Navarro returned to the hospital and had to undergo emergency surgery to alleviate the swelling in his brain, resulting in permanent brain damage. A jury awarded Mr. Navarro $217 million in compensation. 

One of the most famous celebrity cases of medical malpractice is Julie Andrews’ medical malpractice lawsuit against two doctors and Mount Sinai hospital. She had undergone a throat operation to remove non-cancerous nodules on her vocal cords. The surgery was botched, resulting in her never being able to sing again. The case was settled for an undisclosed amount in 2000. 

How Do I File a Lawsuit Against a Hospital?

How to file a lawsuit against a hospital is a complex and detailed process. It involves gathering evidence to establish your claim of medical malpractice and prove negligence occurred. In addition, medical malpractice laws are equally complex as they rely on current laws as well as case precedents. 

Some of those laws include specific statutes of limitations, which are specific time limits for filing your lawsuit. If you do not file within the allowed time, you are prevented from making any claims against the hospital for malpractice. Therefore, it is crucial to consult with an experienced and qualified medical malpractice attorney as soon as possible.

What Is the Most Important Piece of Evidence in a Medical Malpractice Case?

One of the most crucial pieces of evidence in a medical malpractice case is the patient’s medical records. Medical records provide a comprehensive and detailed account of the patient’s treatment, diagnosis, medications administered, surgical procedures performed, and any complications or adverse events that occurred during their care.

These records help establish what care was provided to the patient, whether it met the standard of care expected from healthcare professionals in similar circumstances, and if there were any deviations or errors in treatment that led to harm or injury. They are essential for evaluating whether negligence occurred and determining causation between substandard care and resulting harm suffered by the patient.

How To Find an Attorney for Medical Malpractice

Having proper legal representation is crucial to protect your legal rights and provide you with the best chance of obtaining the compensation you deserve. Knowing how to find an attorney for medical malpractice is essential to ensure you find a lawyer experienced in this type of personal injury law. Some tips to help you find the best attorney include:

• Ask friends and family for referrals
• Visit your state’s bar association online to find medical malpractice attorneys 
• Research the credentials and experience of each one 
• Schedule free consultations with each lawyer
• Select an attorney you feel the most comfortable with and trust to represent your interests

Get Help With Medical Malpractice Injuries in Las Vegas Today

If you or a loved one have suffered from medical malpractice injuries in Las Vegas, don’t wait to seek the compensation you deserve. At Adam S. Kutner, Injury Attorneys, our legal experts are here to provide the legal representation and guidance you need during this difficult time. Let us help you navigate the complexities of your case and fight for justice on your behalf to ensure you receive the compensation you deserve.

Cafferty v. Mille Lacs Health Sys. (2020).

Common Types of Medical Malpractice & Patients’ Legal Rights. (2023).

David, M. (2023). OT Malpractice Case: The Mistake That Bankrupted Me.

David, M. (2023). Real RN Malpractice Case: I Recorded the Wrong Medication Dosage & Then Learned I Didn’t Have Malpractice Insurance. 

Fla. Jury Awards $217M to Misdiagnosed Stroke Patient. (2006).

Morris, G. (2023). Can a Nurse Be Sued for Malpractice?

Moyer, J. (2015). How Julie Andre’s Voice Was Stolen By a Medical Disaster.

Reevie, C. (2022). Jury Reaches 97.4 Million Verdict in Iowa City Medical Malpractice Case.