We are supposed to be able to trust our doctors and medical providers with our health concerns and questions. While not every interaction with a medical professional is expected to be perfect, we do deserve clear answers to questions and the security of knowing our health is in good hands.
Unfortunately, medical malpractice continues to devastate the lives of Hawaii residents, with many becoming victims of medical malpractice each year.
But how do you know if you just had a bad experience or are a victim of medical malpractice? Here are some signs of potential medical malpractice.
Misdiagnosis and delayed diagnosis
A misdiagnosis can mean telling you that nothing is wrong with you when there is or diagnosing you with an incorrect condition. Using faulty equipment or failing to read test results accurately could lead to a misdiagnosis.
Even if you ultimately receive the correct diagnosis, the delay itself might be medical malpractice. Early diagnosis is often the key to a successful outcome.
A common example is cancer. If certain types of cancer are diagnosed early enough, patients often have a higher chance of recovery.
Medication errors
Medication errors could lead to a medical malpractice claim. Examples of medication errors include prescribing you the wrong drug, wrong dosage of a drug or failing to ask you certain questions, such as questions about allergies or your medical history.
A doctor who fails to ask you about allergies and prescribes you a drug containing an ingredient you are allergic to has potentially committed medical malpractice.
Surgical errors and lack of informed consent
Surgical errors and lack of informed consent are two other signs of medical malpractice. Surgical errors include performing the wrong procedure, leaving an instrument inside of you or removing the wrong organ.
Doctors have a legal duty to inform you of all risks, benefits and alternatives to a medical procedure or surgery. This is called obtaining your informed consent.
If you are not properly informed, you might agree to a procedure that causes you harm or where the risks outweigh the benefits. You have a right to understand all possible risks and side effects associated with a treatment or procedure before deciding to go forward.
Proving medical malpractice
To prove medical malpractice, you must typically show that you had a doctor-patient relationship and your doctor failed to meet the standard of care. The standard of care for medical professionals means the level of care another doctor would have provided in the same situation.
You must then show that you suffered an injury due to the failure to provide sufficient care and that your injury caused you damage or loss. Damage or loss can include medical bills, lost wages and both physical and mental pain.
Many patients do not file a medical malpractice claim because they are unsure if what they experienced qualifies as malpractice. However, the statute of limitations in Hawaii for filing a medical malpractice claim is two years.
Therefore, you should learn as soon as you can if you are a victim of medical malpractice. If so, you and your family could receive compensation for your injuries caused by negligence.