Hospital Neglect & Medical Malpractice

Medical Malpractice

Hospitals are expected to follow strict care protocols and remain well-staffed with competent professionals. When administrative failings, rushed diagnostics, or communication errors occur, patients can suffer severe complications or even fatal outcomes.

Examples of Hospital Neglect

  • Delayed or Improper Treatment: ER backlogs or staff oversights leading to missed critical diagnoses.
  • Medication Mismanagement: Nurses administering incorrect dosages, mixing up patient charts, or skipping doses.
  • Inadequate Infection Control: Resulting in hospital-acquired infections such as MRSA, C. diff, and pneumonia.
  • Falls & Bedsores Within Hospitals: Immobile patients can develop bedsores if not periodically repositioned; under-monitored patients may fall while attempting to move unassisted.

Medical Malpractice: Key Elements

Medical malpractice is a specialized form of negligence requiring proof that a healthcare provider failed to meet the accepted standard of care, directly causing injury or worsening a patient’s condition. Common scenarios include:

  • Surgical Errors: Wrong-site surgeries, leaving instruments inside the patient, or damage to organs.
  • Anesthesia Mistakes: Failing to properly monitor vital signs, resulting in hypoxia or brain damage.
  • Medication Errors: Errors in prescribing, dispensing, or administering drugs (wrong type, wrong dose, or harmful interactions).
  • Failure to Obtain Informed Consent: Not explaining risks, benefits, or alternatives before a procedure.

Misdiagnosis in Medical Malpractice

Misdiagnosis (or delayed diagnosis) occurs when doctors fail to recognize or accurately identify a patient’s condition, leading to improper treatment—or no treatment at all. Some high-risk misdiagnoses include:

  • Cancer: Late detection of pancreatic, testicular, brain, or liver cancer significantly reduces survival rates.
  • Heart Attacks: Symptoms may be mistaken for heartburn, bronchitis, or anxiety, especially in younger patients or women.
  • Stroke: Confused with migraines, seizures, or psychiatric conditions—immediate imaging and intervention can be crucial.

If a misdiagnosis stems from unreasonable conduct—like ignoring critical lab data or not ordering standard diagnostic tests—it may constitute malpractice. Proving malpractice requires demonstrating:

  1. Negligence (a breach of the standard of care),
  2. Causation (the misdiagnosis caused harm), and
  3. Damages (extended illness, permanent injury, or death due to the missed or incorrect diagnosis).

Our Commitment

At the Law Office of Thomas G. Buchanan, we partner with medical experts, thoroughly review patient charts and hospital policies, and hold providers accountable for any substandard care that leads to serious harm or death.

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"I could have not found a better lawyer to handle my case. Tom was very professional and caring about my case and me. Tom and his staff was very nice and friendly. They did a great job on my case and got me what I deserved. I really appreciate all they did for me. I would definitely recommend you give him a call! Thanks Tom!!!"

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In-House Lawyer for Major Hospital and Healthcare System

"I can count on one hand the number of Central Arkansas attorneys I refer medical malpractice cases to, and Tom is one of them. Tom meticulously prepares to win at trial from Day One, leaving no stone unturned in his commitment to justice for his clients. His ability to understand and utilize complicated medical jargon while also crafting a compelling legal argument for a maximum payout is unparalleled in the field.

Tom's experience as a malpractice attorney means he easily hurdles the intrinsic legal barriers to filing and winning medical cases and anticipates obstacles that defense attorneys will raise. If you need a trial attorney who will fight tirelessly for you and bring an unmatched level of expertise to your case, Tom Buchanan is the lawyer to call."

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"Amazing attorney who earned 100% of my trust. Tom is dedicated, highly experienced, and extremely committed to the best result possible. I am grateful for his help, guidance and work ethic. Thank you Tom!"

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