5 Common Types of Medical Malpractice Cases
Medical professionals can be held liable for medical malpractice when they harm a patient during diagnosis, treatment, or prescription. If that is suspected, the right attorney may be able to establish such a breach of the duty of care to prove your injury was due to negligence and provide you with an opportunity to pursue a reasonable claim.
You are entitled to compensation if a medical professional's negligence has injured you or your family member. But when can you file a medical practice lawsuit? Read on to learn common medical errors that may lead to medical malpractice claims.
1. Surgical Errors
These errors cause failed surgeries, but not all surgical errors are considered medical malpractice. For a medical professional to be considered liable for a surgical error, their actions must be below the accepted standard of care. In addition, surgical errors must be preventable mistakes to be deemed malpractice.
Surgical errors include operating on an incorrect body part, leaving tools inside a patient's body, injuries to internal organs, too little or too much anesthesia, infections caused by unsterilized surgical instruments, and unnecessary surgery that could harm a patient.
If you suspect you were injured during surgery, be sure to seek legal advice as soon as possible since states have a limited time to pursue claims based upon surgical errors.
2. Misdiagnosis or Delayed Diagnosis
Misdiagnosis can also have fatal consequences; hence, a medical doctor who is reckless with diagnoses may be held liable.
Misdiagnosis happens when a physician fails to identify the condition a patient is dealing with. When misdiagnosis occurs, doctors and nurses may give the patient incorrect prescriptions. Also, a misdiagnosis can lead to delayed treatment and ultimately cause severe harm or death when a condition can quickly progress to an untreatable stage.
For a misdiagnosis or delayed diagnosis to be considered medical malpractice, your attorney should prove a competent doctor couldn't have made the same error had they been in that situation.
3. Prescription Errors
Errors involving prescriptions can lead to an allergic reaction or death. Specific prescription mistakes occur when a medical professional prescribes the wrong medicine, incorrect dosage, or incompatible medications or fails to recognize a patient's allergic reaction to a drug.
However, keep in mind that proving that a prescription harmed you isn't enough to win a lawsuit. To win an injury claim, your attorney needs to prove you wouldn't have suffered your injury had the pharmacist not made a prescription mistake.
If you believe a pharmacist's prescription mistake has injured you, you may consider hiring an attorney to represent you in a lawsuit.
4. Birth Injuries
Birth injuries are catastrophic medical errors that occur during the childbirth process. These injuries cause conditions such as cerebral palsy, head and brain injuries, and nerve injuries in a newborn.
A mother and child can sustain injuries when the medical professional fails to recognize fetal distress or perform a C-section in time. Also, the use of excessive force during delivery or shaking and mishandling a baby after birth can cause birth injuries.
If you believe a healthcare provider injured you or your baby due to negligence, work with a personal injury lawyer to pursue compensation. An attorney will prove the medical professional offered you substandard care during childbirth, causing injuries to you and your child.
5. Failure to Treat
Failure to treat occurs when a doctor doesn't treat a patient for a particular medical condition. Failure to treat is considered malpractice if it was caused by a doctor's negligence or a medical error.
Some examples of failures to treat include:
- Failure to respond to or acknowledge a patient's complaints and symptoms.
- Drawing conclusions about a patient's condition based on their abilities.
- Failing to conduct proper screening of a patient's medical records.
- Failure to correctly interpret test results.
- Failure to order necessary additional tests.
These mistakes result in a doctor misdiagnosing a patient or failing to treat a serious medical condition.
If you think you have a medical malpractice case, contact Higinbotham & Higinbotham, PLLC, for legal advice and representation. We have vast experience in medical malpractice cases and will help you get the compensation you deserve.
