Why Do You Need a Virginia Medical Malpractice Lawyer?

What Types of Malpractice Does a Virginia Medical Negligence Lawyer Handle?

Here is a wide overview of the types of medical malpractice cases our lawyers at the Smith Law Center can handle:

Anesthesia Errors

A study by the medical journal Anesthesiology found anesthesia mistakes are linked to about 34 deaths in the United States annually. These errors are also a contributing factor in more than 275 other patient deaths. Human error is a factor in up to 87% of cases.

The most common types of anesthesia errors include:

• Failure to properly monitor patients: The failure to monitor patients correctly during surgery can lead to serious or fatal injuries in the operating room, including brain injury or death. The anesthesiologist is responsible for regulating a patient’s level of consciousness during procedures as well as oxygen levels.
• Administering too little anesthesia: The level of anesthesia given to a patient is based on body weight, gender, and age. Too little anesthesia can lead to a terrifying experience during a surgical procedure in which the patient is conscious but paralyzed and unable to speak. This kind of anesthesia error can result in extreme psychological trauma.
• Anesthesia overdose: An anesthesia overdose refers to the excessive administration of anesthetic agents that can lead to a range of adverse effects. It can result in a deep state of unconsciousness, respiratory depression, cardiovascular instability, and even potentially life-threatening complications. Immediate medical attention is crucial to manage the overdose and ensure the patient’s safety.
• Failure to correctly intubate: The anesthesiologist must intubate the patient during surgery to allow breathing. This is crucial because a failure to maintain proper airflow to the patient can result in brain injury or even death. Ensuring proper breathing is a meticulous process. Anesthesiologists may cause injuries during intubation by failing to take adequate care.
• Failure to research a patient’s medical history: Medical professionals must check records to establish whether a patient is allergic or will have a reaction to certain drugs used during anesthesia.

Even patients who received a local anesthetic for minor surgery can suffer serious side effects from anesthesia errors. There have been well-documented cases in Virginia of children who died under anesthesia administered by dentists. Contact the Smith Law Center at (757) 695-9425 to discuss your situation and possibly secure representation right away.

Birth Injuries

As one of the most complex types of medical malpractice lawsuits, birth injuries due to a medical professional’s error are unfortunately common. Depending on the type of birth injury, symptoms may not be obvious right away and won’t become apparent until a child shows developmental delays.

Some common birth injuries include:

• Brachial plexus injuries such as Erb’s palsy
• Fractures, facial nerve injuries, and intracranial hemorrhages
• Conditions like cerebral palsy, intellectual disabilities, and developmental delays caused by oxygen deprivation (anoxia or hypoxia) or trauma during labor and delivery.

Proper medical evaluation and intervention are important to diagnose and manage these injuries and conditions promptly.

When a child suffers from a birth injury, the parents may have grounds to file a medical malpractice lawsuit against a hospital. It is often a challenge to find out what really happened in the delivery room, and an experienced Virginia birth injury lawyer can investigate the circumstances and hold medical professionals to account.

Botched Surgery

Mistakes made by doctors during surgery can be devastating to a patient, causing loss of limbs or organs, disfigurement, and painfully unnecessary recovery periods.

Causes of botched surgery include:

• Surgeon fatigue or intoxication: Demanding schedules and surgeon burnout can dull a medical specialist’s eye for detail, or cause them to use mind-altering substances to stay awake or relax. When surgeons operate on patients while they are overexerted or under the influence, they may be held liable for their mistakes.
• Inadequate preparation, supervision, or aftercare: Failing to complete the pre-operation checklist, cases of junior doctors who have been allowed to perform operations without adequate training or supervision, or failure to follow up and look for signs of infection or other complications — each of these scenarios could be grounds for a malpractice lawsuit.
• Performing an incorrect procedure: Also known as wrong-side or wrong-site surgery, these errors could mean a surgeon removes the wrong body part, operates on the wrong joint, or operates on the wrong patient. This is a devastating ordeal to recover from, causing unnecessary pain and suffering for the patient.
• Defective equipment: In certain cases, defective equipment can cause injuries during surgeries. Equipment such as the Da Vinci robotic system sparked lawsuits against the manufacturer after patients suffered burns. Defective forceps can cause head trauma to infants during birth.
• Leaving objects in a patient: A “gossypiboma” is the term used to refer to a foreign object that is left behind in a body cavity during surgery, such as a mass of cotton matrix, a sponge, or metal tools like surgical clamps. These can cause severe internal damage or serious infections.

If you believe you have been harmed by botched surgery, seek medical attention immediately. Contact the hospital and inform authorities. You should also speak to a medical malpractice lawyer in Virginia as soon as possible for advice on how to proceed.

Hospital Infections

Hospitals, outpatient facilities, nursing homes, and other medical treatment centers owe a duty of care to their patients to provide a clean and infection-free environment. However, about 14,000 Americans pick up infections at hospitals in any given year. Centers for Disease Control and Prevention (CDC) estimates one in 20 patients will contract a hospital-associated or hospital-acquired infection (HAI) every day.

The top ten most common hospital infections include:

• Pneumonia 22%
• Surgical-site infection 22%
• Gastrointestinal infections 17%
• Urinary tract infections 13%
• Primary bloodstream infections 10%
• Eye, nose, ear, throat, or mouth infections 6%
• Lower respiratory tract infections 4%
• Skin and soft-tissue infections 3%
• Cardiovascular system infections 1%
• Bone and joint infections 1%

The most commonly reported pathogen related to hospital-associated infections is called Clostridium difficile, which is linked to 12% of healthcare-associated infections. Also known as C. diff., it is a relatively recent strain that has grown more virulent and resistant to drugs.

Another prevalent hospital-related infection is sepsis, which can cause a patient’s body to shut down, injuring tissues and organs as a result of the infection. It can be fatal, and every second counts in terms of diagnosis and treatment. Medical staff are responsible for recognizing the warning signs and symptoms of sepsis in patients. Failure to do so may be considered medical malpractice.

Hospitals may be liable for infections if they failed to create a sterile environment, or failed to diagnose patients with infections promptly before they spread the infection. If you were injured due to a hospital-acquired infection, you may have grounds for legal action. Contact the Virginia medical malpractice lawyers at the Smith Law Center today at (757) 695-9425.

Misdiagnosis or Delayed Diagnosis

When a doctor’s diagnosis error leads to incorrect, delayed, or lack of treatment, the patient’s condition can worsen.

Common types of medical misdiagnosis include:

• Asthma: Asthma may be wrongly diagnosed as recurring bronchitis with possibly fatal consequences.
• Cancer: A delayed cancer diagnosis or mistakenly determining it to be benign could be fatal for a patient. Alternatively, patients can also receive an incorrect cancer diagnosis, causing them to unnecessarily suffer harrowing treatments like chemotherapy and radiation. Lymph node inflammation can also be mistaken as flu.
• Celiac disease: Many people with Celiac are mistakenly diagnosed with irritable bowel syndrome (IBS), diverticulitis, and other intestinal conditions. This can lead to long-term intestinal damage or severe reactions.
• Heart attack: Mistaking a heart attack for a panic attack, indigestion or a muscular issue can be deadly for a patient.
• Stroke: Research by the American Heart Association found younger people who suffer stroke symptoms are frequently misdiagnosed with migraines, vertigo, or are believed to be intoxicated from alcohol.

In most medical misdiagnosis lawsuits, the doctor who made the diagnosis is the only person who can be sued. In rare cases, other medical professionals can be sued. However, nurses, lab technicians, consultants, and specialists can only be sued if they played a role in the negligent misdiagnosis.

Not all instances of incorrect diagnosis are grounds for legal action. The key question is whether the doctor breached the relevant medical standard of care in the circumstances. Would a doctor with similar training and background have made the same diagnosis? Your medical malpractice attorney must investigate whether the healthcare professional acted competently.

The Smith Law Center files lawsuits against hospitals, doctors, and nurses across the country for medical malpractice and negligence. If you suspect an irregularity in the treatment of your loved one, please talk to us. We offer free consultations — call us at (757) 695-9425 to discuss your options.