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Types Of Medical Malpractice Cases And Legal Action

Medical Malpractice Lawyer

Our medical malpractice lawyer can explain to victims and families of medical malpractice accidents that medical malpractice is a legal term that carries significant weight in the healthcare industry. Medical malpractice refers to cases wherein a healthcare provider causes injury or harm to a patient through a negligent act or omission. Ward & Ward Law Firm shares that these instances may vary considerably based on the nature of the error, the severity of the outcome, and the specific area of healthcare involved. The following outlines the various types of medical malpractice cases, which may include: misdiagnosis or delayed diagnosis, surgical errors, medication errors, and childbirth injuries and shares how best to take action for damages.

Misdiagnosis or Delayed Diagnosis

Misdiagnosis or delayed diagnosis is a prevalent form of medical malpractice. These cases typically involve a healthcare provider failing to diagnose a health condition properly or delaying the diagnosis, further deteriorating the patient’s health. Examples may include:

  • Misinterpreting test results

  • Failure to refer to a specialist when necessary

  • Not considering the patient’s complete medical history

The misdiagnosis or delayed diagnosis could lead to the wrong or no treatment at all, exacerbating the patient’s condition.

Surgical Errors

Surgical errors are another prominent type of medical malpractice, and they happen in the operating room. They encompass many mistakes, such as wrong-site surgery, surgical instruments left inside the patient’s body, nerve damage during surgery, or performing unnecessary surgery. Beyond the immediate surgical act, postoperative care is also crucial. Negligence in providing proper post-surgery care, such as failing to recognize and address complications, may lead to patient harm.

Prescription/Medication Errors

Medication errors, often avoidable, constitute a significant category of medical malpractice. These errors could happen in prescribing, dispensing, or administering medications. They include prescribing or administering the wrong medication, the wrong dose, or neglecting potentially harmful drug interactions. Such mistakes can lead to severe harm or even fatality.

Childbirth Injuries

Childbirth injuries cover medical malpractice during pregnancy, labor, delivery, or immediately after birth. Some examples include failure to anticipate birth complications, inappropriate use of delivery tools, or inability to respond to signs of fetal distress. Such negligence can lead to severe and lasting injuries to the newborn or the mother.

Next Steps

When a person suspects that they have fallen victim to medical malpractice, it can be challenging to determine whether the complications resulted from a person’s inability to uphold the medical standard of care. Because of this and the complexities of strategizing cases, victims should take several key steps, which will involve gathering as much evidence as possible, seeking a second opinion, and consulting with an experienced medical malpractice lawyer.

Medical malpractice can occur in many forms, with misdiagnosis or delayed diagnosis, surgical errors, medication errors, and childbirth injuries being some of the most common types.

Understanding these categories can help individuals identify potential malpractice and seek appropriate legal remedies. However, it is essential to note that not all unfavorable outcomes in medicine result from malpractice. Healthcare is a complex field where results can often be unpredictable. While the law provides means for victims of medical negligence to seek justice, it is equally important to strive for better healthcare practices and patient safety measures to prevent such cases in the first place.

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