If you suspect medical malpractice, you’ve probably spent a lot of time wondering why it happened. You may have even come across “the July effect.” However, before accepting this theory as fact, patients should look at the definition, the data and the signs of medical malpractice. Read on for insights from a St. Louis medical malpractice attorney.

The July Effect, Explained

Every July, newly graduated medical students become “residents,” or physicians in training. Most teaching hospitals, community hospitals and clinics across the U.S. employ residents.

Though they’ve completed years of medical training, July marks their first time taking patients and prescribing medications. This prompted a theory known as the “July effect” that proposes hospitals experience a surge of medical errors and surgical complications throughout July. 

The Reality of Medical Malpractice 

However, any St. Louis medical malpractice attorney will tell you: errors involving a resident are rarely a resident problem. They’re a supervision problem. 

Residents must be supervised by an attending physician, or a physician who has completed their training. The attending physician is typically required to consult with the resident, examine the patient, review and approve the resident’s diagnoses and plan of care and sign off on the resident’s notes. 

The attending physician is ultimately responsible for the care a resident provides, and it is up to both the resident and the attending physician to communicate openly with each other. If this does not occur, the attending physician may be responsible for failing to supervise the resident properly, or for any medical malpractice committed by the resident.  

Doctors, surgeons, nurses, pharmacists and technicians can commit medical malpractice. Even those with years of experience can still make mistakes due to human components such as cognitive biases, fatigue, burnout and workload pressures.

Contrary to the July effect theory, data shows that the most specialized fields have the highest claim rates every year: 

• General Surgery: General surgeons face an annual malpractice claim rate of around 15%. Most surgery malpractice claims stem from complications from common procedures or a failure to manage post-operative problems. 
• Neurosurgery: Neurosurgeons face an annual malpractice claim rate of nearly 20%. These claims are tied to surgical complications, delayed diagnosis or failure to act.
• Thoracic & Cardiovascular Surgery: Thoracic and cardiovascular surgeons face annual malpractice claim rates around 18-19%. Many claims stem from complications during or after major procedures.
• Obstetrics & Gynecology (OB/GYN): Though concrete data is limited, surveyed professionals cite OB/GYNs as one of the most sued specialties. These cases stem from errors made during pregnancy, labor and delivery — resulting in harm to the mother or their child. 

Medical malpractice can also extend beyond the bedside. A St. Louis medical malpractice attorney can hold entire institutions accountable for staffing decisions, pharmacy dispensing mistakes and poor recordkeeping that contribute to poor outcomes. 

The Signs of Medical Malpractice 

As patients, we often don’t know what’s “normal” in medicine. 

We assume that our symptoms, test results and treatments are being managed appropriately. In many cases, the warning signs only become apparent when a condition worsens unexpectedly or another healthcare professional points out a problem, 

Attorneys usually hear about the same signs of medical malpractice. Though not an exhaustive list, here are a few instances that might signal medical malpractice: 

• Your medication is off. Maybe the name of your prescription is incorrect, or the dosage is off from what you remember. This could mean that you have a medication error. 
• You’re not getting better. Your existing symptoms aren’t going away — in fact, they’re getting worse or new symptoms are popping up. Taken together, this could mean you experienced a delayed diagnosis or a misdiagnosis. 
• Your surgery had unexpected complications. Your doctor informed you of potential risks before your procedure — but something seems off. Infection, internal bleeding or other serious symptoms may signal that you experienced surgery malpractice. 
• Your baby was injured during birth. Your doctor told you that your child experienced a brain injury, nerve damage or physical trauma. Though not all birth injuries are malpractice, it could signal that a preventable mistake has occurred. 

Whatever the case may be: trust your gut. If something feels “off,” don’t be afraid to get a second opinion. Another medical expert can review your medical records, determine if your doctor deviated from the standard of care and confirm that negligence directly caused an injury.

Contact a St. Louis Medical Malpractice Attorney

Your health matters — and when the physicians you trust the most make a mistake, it shouldn’t be swept under the rug. 

Roman & Boock helps victims of medical malpractice find justice. With 100 years of combined experience, our St. Louis medical malpractice attorneys are prepared to investigate your case thoroughly and hold healthcare providers accountable in court.

Think you have a case? Contact Roman & Boock for a free consultation at 314.754.1500 or potentialclients@boocklaw.com.