4 Types Of Medical Malpractice

4 Types Of Medical Malpractice

While doctors and other healthcare professionals should exercise the reasonable standards of care recognized by their profession in the care and treatment of patients, they may commit serious medical errors due to negligence. This is otherwise known as medical malpractice.

By definition, medical malpractice refers to a legal cause of action involving a healthcare professional who causes an injury to a patient through a negligent act or omission. This means deviating from the standards of care required of them, thereby causing harm to a patient which, in turn, results in significant damages.

Thus, if you want an in-depth understanding of the matter, below are four types of medical malpractice:

1. Misdiagnosis

This is one of the common types of medical malpractice that should be kept in mind. It usually occurs when a doctor or any healthcare professional is unable to recognize and diagnose a medical condition when a competent doctor would have reasonably spotted it. In this case, a patient may be diagnosed with an illness he or she doesn’t have or concluded to have fully recovered when he or she isn’t.

In most cases, misdiagnosis can result in a condition that progresses to a more advanced stage, which in turn, would require extensive treatment and cause emotional distress, pain, and suffering. When this happens, a medical malpractice case against the healthcare practitioner involved may be in order. The plaintiff, in this case, will require expert testimony explaining why a competent doctor attending and treating the same patient would have diagnosed the medical condition properly at the right time.

Thus, if you think you or your loved one are victims of medical malpractice, seeking legal help from an experienced attorney like the ones in www.fuchsberg.com could be an excellent decision. They can help you navigate your case properly and ensure fair compensation for your injuries.

2. Birth Injuries

Another devastating type of medical malpractice is a birth injury. While most expecting parents are excited about having a new addition to the family, there is a possibility that the doctor or the healthcare provider may commit an error during childbirth that causes injury or death to the baby or the mother.

Generally, medical malpractice cases arising from birth injuries can happen in several ways. These can include:

  • Failure to diagnose a medical condition in the baby or mother
  • Use of unnecessary force during childbirth
  • Improper use of birthing tools such as forceps or a vacuum extractor during childbirth
  • Failure to monitor the baby or mother after childbirth

As gleaned from the enumeration, many instances would qualify as birth injuries in a medical malpractice situation. When this occurs, the mother or anyone who is affected thereby can file a claim against the doctor and recover fair compensation for the injuries.

3. Surgical Errors

Several cases of medical malpractice happen during surgical procedures. Some types of surgical errors are also considered as ‘never events’ since the medical profession recognizes that these situations would never occur without negligence or omission on the part of the healthcare professional.

The following are the common examples of surgical errors that would warrant the filing of a medical malpractice claim:

  • Performing unnecessary surgical procedures
  • Performing the incorrect procedure
  • Administering an incorrect amount of anesthesia
  • Using non-sterile surgical instruments
  • Damaging tissues, nerves, or organs during the procedure
  • Leaving medical tools and equipment inside the patient’s body

With the examples listed above, it’s clear that surgical errors may constitute medical malpractice. More often than not, they may have significant effects on the patient’s life. For example, the post-surgery complications and infections caused by the healthcare professional’s negligence may cause harm if not treated properly.

4. Errors In Medication

Medication errors are also among the common types of medical malpractice cases. This means that doctors and other medical professionals can be held liable for mistakes in prescribing medication. When a medication error occurs during the prescription process, the doctor will be primarily accountable. If the mistake happens during the administration, the nurse and the hospital will also be liable.

The following are some examples of medication errors:

  • Improper dosage of prescription drug
  • Wrong timing of administration
  • Incorrect route of administration
  • Giving the drug to the wrong patient
  • Failure to document allergy or any potential drug reaction
  • Failure to follow the rules established for dispensing and prescribing drugs

The Bottom Line

The truth is, medical malpractice can be a complicated and confusing legal matter. If your doctor has been negligent in any way, remember the information above, including the common types of medical malpractice cases and when you should file a claim.

In filing a case, hire a medical malpractice lawyer to help you throughout the proceedings and for you to get compensated for the harm you’ve suffered. With them by your side, you can rest knowing that someone is willing to fight for your rights and assist you in attaining financial recovery.