Health

How Does Medical Malpractice Impact Patients and Families?

With the advent of new technologies and innovations in healthcare, the world of medicine is evolving at a surprising pace. You’d think it would make healthcare safer and more accessible for all. But despite all that, medical malpractices continue to rise. 

Medical malpractice is a personal betrayal that extends far beyond the confines of a doctor’s office. When medical malpractice occurs, the patient is often left injured and financially burdened, TorHoerman Law notes. 

The comprehensive statistics on medical malpractice from 2022 reveal that they are among the top 5 causes of death in the US. The country faces the threat of over 250,000 fatalities due to medical errors every single year, contributing 9.5% of total annual deaths.

Join us as we attempt to analyze the impact of medical malpractices on the patients involved as well as their families. 

See also: How to Choose the Right Medical Laboratory

The Physical Impact of Medical Malpractices

Imagine going to the doctor for a routine procedure, expecting to feel better soon, only to find that something has gone terribly wrong. Humans can indeed make mistakes, but when medical professionals do it, the consequences can be life-threatening.

For many patients, the physical impact of medical malpractice starts with pain and suffering. A surgical error, for instance, can lead to infections, internal bleeding, or even the need for additional surgeries to correct the mistake. These complications can mean prolonged hospital stays, intense pain, and a longer recovery period than initially expected.

Misdiagnosis or delayed diagnosis is another common form of malpractice with serious physical consequences. Early intervention is crucial for many diseases, and a missed diagnosis can mean the difference between life and death. 

Medication errors can also have devastating effects. An example of that is evident in the case of the late Kevin Cavins. When Cavins, 33, was detained in the St. Louis Justice Center on a parole violation, he was undergoing opioid withdrawal alongside other health issues. 

Once inside the prison, Cavins was given medicines – Clonidine, Hydroxyzine, and Promethazion – which were supposedly prescribed by the jail’s doctor. However, the doctor hadn’t seen or talked to him even once. 

After Cavins was given a detoxification status and transferred to a cell, he went through extreme pain, vomiting, and anxiety. His inmates reported how Cavins’ pleas for help were ignored. 

Within three days of arriving in the prison, Kevin was found dead in his cell. Following his death, his sister, Angela Allen, sued the jail authorities for negligence and medical malpractice. 

Whether or not Allen wins the lawsuit, it still won’t bring her brother back. Once lives are lost, no amount of compensation can truly deliver justice. 

However, a just system does instill a sense of fear in the minds of the culprits, thereby ensuring such incidents don’t become a frequent affair. That is what makes it worth all the trouble. 

As a St. Louis resident, have you ever found yourself or a loved one in a similar situation? Keep in mind that filing a personal injury lawsuit is the only right way ahead.

If you feel like doing it all alone is too much, you can always get the assistance of a St. Louis personal injury attorney. They are trained for these scenarios and can answer all your questions about them.  

The Emotional Toll – On Patients and Their Families

Medical malpractice doesn’t just leave physical scars; it leaves deep emotional wounds that can take years, or even a lifetime, to heal.

For patients, the initial emotional reaction is often one of shock and disbelief. They entered the medical system seeking help and healing, only to emerge with new injuries or complications. This betrayal makes way for anger and frustration. 

As the reality sets in, they grieve the loss of their health and the life they knew before the malpractice occurred. This sense of loss often leads to depression and anxiety, making it challenging to find joy in everyday activities.

Families, too, bear the emotional burden of medical malpractice. They watch their loved ones suffer, feeling helpless and angry. The strain of caring for an injured family member can take a toll on relationships. 

Parents, spouses, and children often have to step into new roles as caregivers, which can be emotionally and physically exhausting.

When medical malpractice ends with the loss of someone’s loss, it becomes even harder to deal with emotionally. A West Sussex couple lost their two-week-old newborn due to the neglect of the clinicians at the Worthing Hospital. Robyn Davis – who is a former midwife herself – found the experience to be “incredibly traumatizing.”

Davis’s delivery was the case of an urgent cesarean, during which the doctors failed to recognize that she had developed hyponatremia. It was due to this condition that her baby suffered brain damage at the time of birth, and died 14 days later. 

Frustrated with the ridiculous turn of events, Robyn, who was looking forward to bringing home a baby, called the healthcare system “broken and sickening.”

Practical & Financial Consequences 

The practical and financial fallout of medical malpractice is a staggering reality, affecting nearly every aspect of your daily life and financial stability. 

Medical Expenses

Imagine waking up from surgery only to find out that a mistake has led to additional complications. Suddenly, you’re faced with a barrage of unexpected medical expenses – corrective surgeries, long-term rehabilitation, and countless follow-up appointments. 

These costs can pile up quickly, creating an overwhelming financial burden. Even with health insurance, patients often find themselves grappling with co-pays, deductibles, and treatments not covered by their plan. It’s like an unending cycle of bills that seem to multiply overnight.

Loss of Income

When a medical error sidelines a patient from work, the loss of income can be devastating. Some patients need months to recover, while others might not be able to return to work at all. 

In many cases, family members also have to take time off or even quit their jobs to provide the necessary care. This double hit to the household income makes it incredibly difficult to cover basic living expenses, let alone the additional medical costs.

Financial Insecurity

The cumulative effect of these financial and practical challenges often leads to a deep sense of financial insecurity. 

Savings dwindle, debt accumulates, and the constant worry about making ends meet worsens the emotional toll of the malpractice. It’s a vicious cycle of financial stress and anxiety that can make recovery feel like an insurmountable hurdle.

In 2023, Florida added a statute in its law, which critics openly called the “free kill” law. If someone who is 25 or older dies due to medical malpractice in the state, only their spouse or child under 25 can sue the healthcare system for it. 

The Sunshine State is the only state in the entire US to follow this law, and the citizens are eager to get rid of it. Such a law adds unduly to the financial burdens of those who suffer due to malpractice. The feeling of justice being denied only worsens their emotional state following an experience as trying as that. 

Frequently Asked Questions (FAQs)

How long do medical malpractice lawsuit cases take to settle? 

While some malpractice lawsuit cases might be settled within the first couple of years, it generally takes these cases anywhere between 3 to 5 years. That’s the story of cases that go to trial and are heard in a court. Compared to these, out-of-court settlements are quick and, thus, preferable. 

What types of evidence are used in a medical malpractice lawsuit case?

Here are pieces of evidence most commonly expected in a case of medical malpractice lawsuit: 

  • A detailed record of treatments and outcomes 
  • Documentation of all the communication and informed consent 
  • Testimony on the standards of care – and a deviation of it recorded 
  • Hospital policies and protocols 

Are out-of-court settlements common in medical malpractice lawsuits?

Yes, out-of-court settlements are relatively common in medical malpractice lawsuits, accounting for 96.9% of successful malpractice claims. Many of these cases are resolved through negotiation between the parties involved, often with assistance from a legal representative or mediator. These settlements help both parties avoid the uncertainty, time, and expense of a trial.

To sum it up, the journey from suffering medical malpractice to filing a lawsuit for it is a complicated one. Its aftermath is equally challenging, with the emotional and financial toll weighing heavily upon your shoulders. The alarming frequency of these malpractices highlights the necessity of more vigilance in the healthcare system.

Leave a Reply

Your email address will not be published. Required fields are marked *

Back to top button