Types of Medical Malpractice Cases
Medical malpractice occurs when a patient is injured due to the negligence of a medical professional. If you or a loved one has suffered as a result of medical negligence, contact a medical malpractice attorney to file a lawsuit and pursue compensation.
What Are Examples of Common Medical Malpractice Cases?
There are many types of medical malpractice cases that can be brought against physicians, hospitals, and medical personnel. These cases may involve hospital errors, failure to diagnose, surgical errors, and more. If you or a loved one has been injured as a result of medical malpractice, it is important to contact an attorney who can protect your rights and help you to obtain compensation. The following are examples of medical malpractice.
Anesthesia Errors
The administration of anesthesia requires the use of sensitive techniques. Improper use of the anesthetic agents, oxygen, and other substances and equipment can result in serious physical impairment or death. It is also important to note that before anesthesia is administered, the acting anesthesiologist must check to make sure that the patient does not have any conditions that may cause complications. A failure to thoroughly check for these conditions or proceeding despite them can lead to serious injury, and is a common basis for medical malpractice cases.
Birth Injury
The birth of a child is supposed to be a happy occasion, but when hospital errors result in a birth injury, joy quickly turns to despair as the family learns to deal with the tragedy. Medical malpractice claims are often filed when a birth injury occurs. Birth injuries can include Erb's palsy, or brain damage resulting in conditions such as cerebral palsy.
Cerebral Palsy
A medical malpractice case can be brought against physicians and other medical professionals when their negligence causes an injury resulting in cerebral palsy (a form of brain damage). Brain damage can occur due to a failure to diagnose metabolic conditions, Rh incompatibility, oxygen shortage, and other problems.
Burn Therapy
Serious burns must adequately treated in order to prevent further injury, loss of tissue, or death. If a health care provider does not properly treat a burn injury, he or she can be held liable in a medical malpractice lawsuit.
Child Delivery
Medical professionals assisting with pregnancy and childbirth may face charges of medical malpractice if they fail to recognize abnormalities including Rh-incompatibility, large baby syndrome, and malformations. Similarly, a medical professional can be held liable if he or she is negligent during labor and delivery and causes a birth injury such as cerebral palsy or Erb's palsy. If your child has been injured due to the negligence of a medical professional, you may be entitled to compensation.
Defective Drugs or Products
An individual suffering from injuries caused by a defective drug or defective medical product may be entitled to compensation from the hospital, doctor, manufacturer, or distributor. If you were not warned about the dangers of the product, or if the product did not meet safety standards and caused an injury, you may be eligible to file a medical malpractice lawsuit.
Experimentation
Medical personnel that perform procedures or prescribe drugs that are unapproved by reputable medical organizations are at risk for medical malpractice.
Failure to Diagnose
When a medical professional makes an incorrect diagnosis after being given adequate information about a patient, and injuries result, the patient may be eligible to file a medical malpractice lawsuit. This can occur when a medical professional fails to diagnose a disease, damage to bone structure, illnesses caused by exposure to toxic chemicals, and numerous other conditions.
Breast Cancer
A medical malpractice case can be brought against physicians for failing to diagnose breast cancer in a timely manner. In 1999, these cases accounted for 40 percent of all medical malpractice claims. The top three reasons doctors fail to diagnose breast cancer are that they rely too heavily on a patient's age as a predictor, they rely too heavily on negative mammogram results (even if the patient feels a lump), or they do not believe a patient when she reports symptoms.
Lung Cancer
Medical malpractice claims can be brought against physicians for failing to diagnose lung cancer. In one case in Massachusetts, a patient successfully sued a physician for failing to disclose a lung cancer diagnosis after chest x-rays and a CT scan were performed.
Improper Procedure
Medical professionals can make simple mistakes that can be costly to the patient. Examples include delays in treatment or failure to obtain proper consent for treatment. Victims of such carelessness should contact a medical malpractice attorney immediately after they suspect negligence has occurred so the responsible party can be held accountable for the medical malpractice lawsuit.
Medication Errors
Issuing insufficient amounts of medication or improper instructions for its usage can be detrimental to a patient's health. A medical malpractice case can be brought against physicians or pharmacists for medication errors when handwritten prescriptions are illegible, when abbreviations are used on the prescription, when the patient is given the wrong dosage, and when two drugs with similar spellings are confused. It is estimated that medication errors occur at a rate of 30,000 to 180,000 per year.
Nursing Home Abuse
A medical malpractice case can be brought against nursing home staff if they neglect or abuse elderly patients who are under their care. Elder abuse can include physical, psychological, emotional, and financial abuse, as well as neglect.
Surgical Errors
All surgical procedures have risks, even when performed correctly. If evaluation, preparation, any part of the surgical procedure, or postoperative care is inadequate, the procedure may fail or serious side effects may occur. A medical malpractice attorney with experience handling these complex cases can help those who have been injured as a result of surgical errors determine if they have a valid medical malpractice lawsuit.
Wrongful Death
Medical malpractice claims can be brought against physicians for wrongful death when a patient dies as a result of medical malpractice or negligence. Wrongful death lawsuits are filed in an attempt to defray medical costs for the family of the victim. In addition, compensation may be awarded for lost wages, pain and suffering, and loss of companionship.
Do You Have a Medical Malpractice Case?
If you have a viable medical malpractice claim, it is important to speak with an attorney as soon as possible since there are statutes of limitations in medical malpractice cases. A medical negligence lawyer can advise you of your legal rights and help you obtain the compensation you deserve.