Can I File a Medical Malpractice Lawsuit for an Ultrasound Error?

The ultrasound is an important medical tool that physicians and other health care providers use to discover and diagnose a range of medical conditions. Ultrasounds are used most often to look at a developing fetus during pregnancy. If an ultrasound technician or physician makes a mistake during an ultrasound examination, it can lead to a dangerous misdiagnosis or failure to diagnose that can have devastating consequences for the patient.

The Dangers of Ultrasound Errors

An ultrasound is a safe, noninvasive tool that provides images known as sonograms using high-frequency sound waves. It is a critical diagnostic tool for pregnant women. Ultrasounds during pregnancy can confirm the infant’s due date, find the baby’s heartbeat, and diagnose any potential health issues for the mother or child. If it is an ectopic pregnancy, for example, the first ultrasound can diagnose this issue.

If an ultrasound technician, obstetrician or gynecologist misuses ultrasound equipment or makes a mistake during an ultrasound exam, the patient can suffer many adverse consequences. Mistakes can happen due to improper training, poorly maintained equipment, inadequate images or inadequate supervision during the exam. Common examples of ultrasound errors include an incomplete visual image of the fetus, improper interpretation of an image and failing to recommend the next steps based on the results of the ultrasound.

Most medical malpractice claims against physicians for ultrasound errors are based on claims that the defendant committed an error in perception, interpretation or recommendation. For example, if a doctor misses the signs of an irregularity during an ultrasound, he or she could be liable if this mistake leads to injury, death or another health complication for the fetus or patient. Ultrasound errors can lead to serious harm as a dangerous form of medical malpractice.

What Is Medical Malpractice?

Patients deserve to receive a high level of care from their medical providers. The medical industry has standards for how doctors and other practitioners must perform their job duties. These standards are in place to keep patients safe. When a practitioner falls below the accepted standard of care, either negligently or intentionally, patient injuries can arise. This is the civil tort of medical malpractice.

How Do You Prove Medical Malpractice?

Medical negligence is any careless act that violates the industry’s appropriate standards of care. Medical malpractice, on the other hand, is the failure to adhere to the standard of care despite identifying foreseeable risks to the patient. To prove medical malpractice in Texas, you or your attorney provide establish clear and convincing evidence that proves four elements as more likely to be true than not true:

1. A doctor-patient relationship existed at the time of the alleged error.
2. The ultrasound technician or another party violated the applicable standard of care.
3. The violated standard of care resulted in the harm you suffered as a patient.
4. You experienced real, compensable losses as a result.

If your lawyer has evidence of these elements, you will have a valid claim to damages against the health care provider guilty of making a preventable ultrasound error. Proving your medical malpractice lawsuit can result in financial compensation for your family’s related economic and noneconomic damages. These include the costs related to required medical treatments and lost wages, as well as your family’s pain and suffering.

How Can a Medical Malpractice Attorney Help?

If you believe an ultrasound technician or another health care provider committed an ultrasound error during one of your exams, and this led to a misdiagnosis or another critical error, consult with an attorney for advice about your legal rights. A medical malpractice lawyer in Houston can review the facts of your case to let you know if it has merit. If so, your attorney can help you go up against a doctor or hospital in pursuit of fair financial compensation for your family’s losses.