What are the most common types of medical negligence?

Question

José Manuel Alburquerque · Accepted Answer

There are no recent official statistics that would allow them to be ranked by frequency in Spain or in Catalonia. What can be seen in the courts, however, is that the same types of case keep coming up. They are misdiagnosis and delayed diagnosis, complications from operations, problems during childbirth, medication and anaesthetic errors, infections acquired in hospital and a lack of information about the risks. None of these is negligence in itself, because it has to be proved that something was done wrong and that this caused the harm. The cases that come up most often In no particular order of frequency, they are cases like these: Misdiagnosis and delayed diagnosis, such as a cancer, a heart attack, a stroke, appendicitis or a fracture that is not picked up in time, often in accident and emergency. Hasty discharges from accident and emergency and test results that nobody reviews or passes on to the patient. Errors during an operation, such as damaging a nearby organ, leaving surgical material inside the body or operating on the wrong side. Problems during childbirth, mainly from failing to monitor the baby's condition properly or delaying a necessary caesarean section. Medication errors, such as a wrong dose or a drug to which the patient had a known allergy. Errors in anaesthesia or in monitoring the patient while under anaesthetic. Infections acquired in hospital due to failings in hygiene or prevention. Lack of information about the risks or the alternatives before an operation or a course of treatment. Dental treatment and cosmetic surgery, where there is also often a dispute over what was promised. Why it is not enough for a case to look similar The fact that a case resembles one of these does not mean there was negligence. Many complications are risks inherent in the procedure, which can arise even if everything is done properly. Nor is a difficult diagnosis an error if it could not have been reached with the information available at the time. For there to be negligence, it has to be proved, normally with a medical expert's report, that the care fell below good practice and that this caused the harm or deprived the patient of a real chance of avoiding it. If you think this applies to you Ask for a complete copy of your medical records. The first copy is free. Asking for it does not stop the time limit for claiming from running. Keep the reports, prescriptions, messages and invoices. Make a note of the dates and the names of those who treated you. Consult a lawyer and a medical expert before making a claim, to find out whether the case has any basis. Do not let the time limit pass. If you were treated at the expense of the public health service, it is one year from recovery or from when the after-effects stabilise. In private healthcare, the shortest time limit that may apply is three years if the events took place in Catalonia and one year outside Catalonia, although the prudent course is to make a written claim within the first year.