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When Is Delayed Diagnosis Considered Medical Malpractice?Doctors are required to complete rigorous degree programs and training before becoming licensed physicians. They learn about the signs and symptoms of countless medical conditions so they can diagnose these conditions and provide the necessary treatment. However, doctors are not always able to pinpoint the exact cause of a person’s health concerns. It may take dozens of diagnostic tests and procedures before the person has an accurate diagnosis. In some cases, doctors and specialists are not able to determine the cause of a patient’s symptoms. While not every diagnostic mistake is the result of negligence, there are some situations in which a doctor’s failure to make a timely and accurate diagnosis is considered medical malpractice.  

Doctors Have a Duty to Provide Reasonably Skilled Medical Care

Doctors and other medical professionals have a legal obligation to provide reasonably proficient medical treatment. They are not expected to be perfect, but they are expected to be competent. The question of whether or not a diagnostic mistake is flagrant enough to be considered malpractice is often very difficult to answer. Medical malpractice attorneys have a variety of tools and resources at their disposal that are used to investigate doctors’ actions and inaction and determine if malpractice occurred. To win a medical malpractice lawsuit, a medical malpractice attorney must prove that:

  • A doctor-patient relationship was established.
  • The doctor provided treatment that did not meet the medical standard of care
  • The doctor’s failure to provide quality care caused the patient harm
  • The patient suffered damages as a result of this harm

The standard of medical care is a hypothetical measuring stick used to determine if a doctor’s actions deviated from what a typical doctor of similar status would have done under similar circumstances. Expert testimony from respected medical professionals is often used during a medical malpractice lawsuit to shed light on the reasonableness of a doctor’s actions.

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Birth Injuries Sustained During a Cesarean Section May Be The Result of Medical Negligence  Approximately one-third of all infants in the United States are born via Cesarean section or C-section. Some C-sections are planned because the mother or baby has certain risk factors that make vaginal delivery an unsafe option. In other cases, a mother plans to have a traditional birth but complications require an emergency Cesarean delivery. C-sections can often prevent medical complications that would have likely been caused by traditional delivery. However, when a C-section is performed incorrectly, delayed, or performed unnecessarily, preventable birth injures may occur.  

Delayed C-Sections  

Obstetricians and other medical professionals must carefully evaluate the mother’s medical history and the baby’s health in order to determine whether or not a C-section is a safe delivery method. C-sections are often ordered when the infant is in a breech or transverse position or shows signs of fetal distress. A C-section may also be ordered if the mother experiences problems such as:

  • Prolonged labor
  • Failure to progress normally during labor
  • Umbilical cord prolapse
  • Uterine rupture
  • Placental abruption
  • Placenta Previa

The decision to perform an emergency C-section is one that must be made swiftly. If a doctor waits too long to perform a C-section, the baby may suffer from oxygen deprivation, which can lead to hypoxic-ischemic encephalopathy, cerebral palsy, and other forms of brain damage. When a doctor fails to order a necessary C-section or delays a C-section and the mother or infant is harmed as a result, the mother may have a valid medical malpractice claim.

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Can I Sue a Pharmacy for a Prescription Medication Error?When you get a medication prescription from the doctor and have it filled at your local pharmacy, you probably trust the pharmacy staff to do their jobs accurately. Unfortunately, this is not always the case. It is estimated that 1.3 million people are injured by medication mistakes in the United States every year. While some of these errors are minor and do not cause harm to the patient, others result in hospitalization and death. If you or a loved one were the victim of a pharmacy error, a medical malpractice claim may help you recover compensation.

Common Pharmacy Errors

Pharmacists and pharmacy technicians are responsible for ensuring that patients receive the medications that their doctors have prescribed them. In addition to dispensing medications, they also review prescriptions for accuracy, check for drug interactions, and explain medication directions to patients. When a pharmacy worker makes a mistake during any of these steps, the patient can suffer serious harm. Some of the most common pharmacy errors include:

  • Dispensing the wrong medication or an incorrect dosage of the medication
  • Mislabeling medications
  • Dispensing medication with an incorrect delivery method
  • Failing to provide adequate information about the use of medication
  • Failing to warn the patient about side effects or risks of using the medication
  • Failing to account for potential drug interactions with other medications or allergies
  • Failing to ask about other medications or allergies before dispensing the medication
  • Failing to confirm prescription information with the physician if the prescription is difficult to read or contains inaccurate information

Consequences of Prescription Medication Errors

If a person receives the wrong medication or the wrong dose of a medication, he or she may not realize it until he or she starts experiencing symptoms. Depending on the type of medication and the person’s medical conditions, a medication error can cause the person’s existing medical condition to worsen and may also result in new medical problems. A serious medication error may even be fatal. Pharmacy prescription errors can result in problems that require hospitalization and extensive medical care. Through a pharmacy malpractice claim, a medication error victim may be entitled to compensation for his or her medical expenses, lost income due to missed work, pain and suffering, and more.

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What Types of Birth Injuries Can Be Caused by Hypoxia?While a baby is still in the womb, oxygen is delivered to the infant via the placenta and umbilical cord. One of the most critical times during the birth process is the baby’s transition to breathing on his or her own. When problems occur during this transition, the baby may receive too little oxygen. Hypoxia, or inadequate oxygen, can lead to a number of devastating birth injuries as well as death.

What Complications Can Lead to Hypoxia?

Hypoxia is often caused when a problem with the baby’s umbilical cord reduces the oxygen available to him or her. Nuchal umbilical cord occurs when the umbilical cord wraps around the baby’s neck. A short umbilical cord or knotted umbilical cord can also cause hypoxia. Umbilical cord prolapse occurs when the cord drops through the mother’s cervix and reduces blood flow to the baby. Placental abruption occurs when the placenta separates from the uterus. This can not only deprive the baby of oxygen but may also cause dangerously heavy bleeding in the mother. The use of forceps has also been shown to sometimes cause hypoxia.

Hypoxia Can Cause Life-Altering Injuries

Doctors should be aware of the risk factors associated with hypoxia as well as the warning signs that a baby is not receiving enough oxygen. If swift action to correct low oxygen is not taken, the baby may develop:

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