When we visit a doctor or undergo a medical procedure, we put our trust in the hands of trained professionals. Unfortunately, doctors are human, and mistakes can happen. Some medical fields are more prone to errors than others, leading to malpractice claims. If you've experienced harm due to medical care, it’s important to understand which specialties are high risk for malpractice claims and what steps you can take to protect your rights.
Why Do Some Specialties See More Malpractice Claims Than Others?
Different areas of medicine come with unique challenges and responsibilities. Specialties involving intricate procedures, high-stakes decisions, or unpredictable outcomes naturally carry more significant risks. Patients can suffer severe consequences when something goes wrong in these fields, often leading to a malpractice lawsuit.
Below are three medical specialties that frequently see malpractice claims and the reasons why:
1. Surgery
Surgery is one of the riskiest medical fields for both patients and doctors. It’s no surprise that surgeons have some of the highest rates of malpractice claims. Here’s why:
- Complexity of Procedures: Surgeries often involve delicate, high-precision work on vital organs or intricate systems. A single slip or error can have life-altering consequences, like damaging a nerve or operating on the wrong body part.
- Unexpected Complications: Despite careful planning, unforeseen complications such as infection or excessive bleeding can arise and lead to claims that a surgeon failed to act appropriately.
- The Stakes Are High: A serious mistake during surgery can lead to permanent disability, extended hospital stays, or even death, which naturally provokes legal scrutiny.
2. Obstetrics and Gynecology (OB/GYN)
Obstetricians and gynecologists, who often care for both mothers and newborns, face tremendous pressure. Here’s why this specialty has consistently high malpractice rates:
- Life-or-Death Situations: Childbirth is joyous, but the process can be unpredictable. Emergencies like fetal distress or uterine ruptures require split-second decisions. When outcomes aren’t favorable, families often question the care provided.
- Permanent Impact: Injuries during birth—such as brain damage to the infant or harm to the mother—can result in lifelong consequences, making malpractice claims financially significant.
- High Patient Expectations: Parents understandably expect flawless care during an important event. Challenges or errors, whether perceived or actual, can lead to legal action.
3. Anesthesiology
The role of anesthesiologists is often underestimated, but they handle critical responsibilities that can mean the difference between life and death. Here’s why anesthesiologists often face lawsuits:
- Precision Is Critical: Anesthesiologists calculate dosages and monitor vital signs during surgeries and procedures. A small error—like administering too much or too little anesthesia—can result in brain damage or death.
- Scarce Margins for Error: Even seemingly minor mistakes, like missing a warning sign on a patient monitor, can have catastrophic consequences.
- Post-Operative Complications: If a patient experiences distress or doesn’t wake up properly after surgery, the anesthesiologist’s actions come under scrutiny.
What to Do If You Suspect Medical Malpractice
If you or a loved one has been seriously harmed by a medical mistake, it’s natural to feel confused and overwhelmed. Malpractice claims are complex, but taking the right steps early on can improve your chances of achieving justice.
1. Gather Evidence
Start by collecting as much documentation as possible. This includes medical records, test results, medication information, and any communications with the healthcare provider. Notes about your symptoms and treatment can also be incredibly helpful.
2. Get a Second Opinion
If you suspect something went wrong, consult another doctor to evaluate your situation. A second opinion can confirm whether the original care failed to meet medical standards.
3. Document Symptoms and Costs
Keep a detailed account of how the incident impacts your daily life. Write down your physical and emotional symptoms, necessary treatments, and any financial burdens like medical bills or lost wages. This information will help establish the extent of the harm caused.
4. Speak With an Experienced Attorney
Medical malpractice cases typically require detailed legal and medical knowledge. An experienced personal injury attorney can evaluate your claim, gather the necessary evidence, and advocate on your behalf. They’ll work to uncover whether the healthcare provider’s actions deviated from the standard of care, which is key to proving malpractice.
5. Don’t Sign Anything Without Advice
Consult a lawyer before agreeing to any settlements or speaking with the healthcare provider’s insurance company. These entities often aim to minimize payouts and may coerce you into accepting less than you deserve.
What Can You Claim in a Medical Malpractice Case?
If your case qualifies as malpractice, you may be eligible for compensation to cover:
- Medical Expenses related to the original mistake and ongoing treatment
- Lost Wages if you’re unable to work due to the harm done
- Pain and Suffering to account for physical and emotional distress
- Other Costs, such as medications, rehabilitation, or needed home modifications
Every case is different, so an attorney can help determine what you’re entitled to based on your specific circumstances.
New York Medical Malpractice Lawyers
If you're a healthcare professional in New York, NY, seeking to understand malpractice risks and prevention strategies, or if you're facing a malpractice claim, we invite you to contact Simonson Goodman Platzer PC. Our team is here to provide the legal expertise and support you need to navigate the complexities of malpractice claims and protect your professional reputation. Reach out to us today at (800) 817-5029 to learn more about our services and how we can assist you in managing malpractice risks and improving patient care.