Medical Malpractice and Wrongful Death in the State of Illinois

In 2018, medical malpractice or negligence by a medical professional was a leading cause of death in the United States. The state of Illinois defines medical malpractice as a preventable injury or death that occurs after treatment by a healthcare professional who has violated standard healthcare practices. Medical malpractice can result in the death of a patient, and this is considered a wrongful death because it could have been prevented. Here are six examples of medical malpractice that can lead to wrongful death.

#1: Surgical and Anesthesia Errors

As the title suggests, surgical errors are mistakes made during surgery. These mistakes, while rare, end up causing patients more health complications than before the surgery. Different types of surgical errors include:

• Leaving objects in patients
• Wrong patient
• Wrong procedure
• Wrong site (e.g., surgery on the arm instead of the leg)

Another type of error that occurs during surgeries— and is more common than those listed above— is an anesthesia error. This type of medical error is so common that it is often considered to be a separate category of medical malpractice. Anesthesiologists have to guess how much anesthesia to administer to a patient, based on their age, weight, and the type of surgery being done. Unfortunately, some patients may receive too little anesthesia (and wake up during the surgery), or receive too much (which results in death), and some patients even die within a year of receiving general anesthesia.

#2: Nursing Home Abuse and Neglect

Because nursing homes are medical facilities, the abuse and neglect that occurs in these homes can be considered medical malpractice. Neglect in nursing homes is more common than abuse, but it can be just as bad and even deadly. Some of the most common injuries associated with nursing home neglect and abuse are:

• Bed sores/pressure ulcers
• Falls
• Medication errors

Neglected patients in nursing homes can suffer from bed sores if they’re unable to move and have been lying or sitting in one position too long. Nursing home patients also usually have limited mobility, and improper supervision can result in a fall. Finally, if staff becomes too negligent, they can accidentally give a patient too much/too little medication, or the wrong medication.

#3: Misdiagnosis, Failure to Diagnose, and Diagnostic Errors

Misdiagnosis happens often in the medical field, and this can lead to a health condition not being treated promptly or properly. Instead, a completely different condition is treated which may or may not exist within the patient. This can also be a failure to diagnose since the initial condition was not diagnosed or treated.

Another event that can lead to misdiagnosis is a diagnostic error. This occurs when a medical professional fails to accurately read and interpret a diagnostic test, such as a CT or MRI scan. Because this occurs quite often and patients can end up dying due to lack of proper treatment, surviving family members can contact a wrongful death lawyer.

#4: Hospital and Emergency Room Errors

In addition to surgical and anesthesia errors, other medical mistakes that occur in hospitals include patients developing an infection, medical staff failing to promptly treat emergency conditions (e.g., heart attacks and strokes), and patients falling from their beds. Improper follow-up care after a hospital stay is also considered medical malpractice and can result in wrongful death.

#5: Dental Malpractice

Dental malpractice is mistakes made during a dentist appointment that result in further injury or death to the patient. This type of negligence is often categorized separately from general medical malpractice, but it also includes surgical and anesthesia errors, misdiagnosis, failure to diagnose, and diagnostic errors.

#6: Birth Injuries

Birth injuries are mistakes made during labor and delivery and immediately after, and are a huge area of medical malpractice. Some examples of common injuries suffered by infants during the birthing process include:

• Cerebral palsy
• Erb’s palsy (brachial plexus)
• Facial nerve palsy
• Shoulder dystocia

While these birth injuries typically cause a significant and often permanent effect on the infant’s quality of life, they (and other birth injuries) can also result in the death of an infant.

Medical malpractice isn’t the only negligent event that can cause a wrongful death. In fact, car accidents are the leading cause of wrongful death, but medical negligence is in the top 10. Other causes include workplace injuries, defective products, animal attacks, slip and fall accidents, and gun violence. Any negligent act that could have been prevented is considered wrongful death in the state of Illinois and all over the U.S.