Types of Medical Malpractice Cases

In case you didn’t know, there are several medical malpractice cases, which can be filed against hospitals, physicians, and medical personnel.

medical malpractice casesWhile each of these cases may somehow be similar to a number of other cases, its outcome is usually determined by an array of different factors. Civil courts are usually jam-packed with thousands of Medical malpractice cases each year–filed as lawsuits or as insurance claims. In fact, all these cases can broadly be classified into five: drug prescription slip-ups, diagnostic errors, surgical errors, birth injuries, and anesthetic errors.

Drug Prescription Error

Drug prescription error is definitely one of the most common forms of medical malpractice–and which can at times prove fatal. And while many of the drug prescription errors go unnoticed (if not, unreported), there are viable medical malpractice claims for this error that do exist in the current law. In fact, a number of medical recruits can be held liable for this form of medical malpractice, including:

. – The physician or doctor who prescribed the medication.

. – The nurse who administered the drug.

. – The pharmacist who filled the prescription.

. – The manufacturer of the drug, as well as the company that prescribed it.

Plus, all the aforementioned individuals and entities may be held responsible for a number of medical slip-ups or mistakes, including:

. – The prescription of a wrong drug or dosage.

. – Failure to foresee detrimental side effects of a drug while prescribing it.

. – Marketing or manufacturing of defective medications.

. – Illegible prescriptions that got interpreted wrongly by the victim.

Delayed Diagnosis or Misdiagnoses

Delayed diagnosis and misdiagnoses account for the largest percentage of medical malpractice claims, which get filed year after year. Usually, when a physician misdiagnoses a condition or fails to diagnose the real problem of a condition at a treatable timing, the patient may miss an opportunity that could have prevented the problem from getting worse or from causing more harm.

Now while filing a misdiagnoses or delayed diagnosis complaint, your claim should be based on how a competent doctor within the same specialty could have handled your case. That is to say that you should be comparing what your doctor did—or didn’t do—to what a skillful and competent doctor could have done or avoided under the same circumstance to avoid making the same diagnostic mistake your doctor made.

Surgical Malpractice

Mistakes made in the operation room are another type of Medical malpractice cases that find their way in the civil law courts yearly. See, a surgeon doctor may be negligent when operating a patient; and, as such, end up puncturing an internal organ, operating the wrong body part or unintentionally leaving a surgical instrument in the patient’s body. Likewise, the nursing staff may be negligent in overseeing the post-operation care and, as a result, trigger a serious infection. Either way, any form of surgical malpractice has a good standing when it comes to filing a lawsuit.

Child Birth Injuries

Fetal injuries are more widespread nowadays. You’ve probably heard of cases like cerebral palsy, fractured bones, seizure disorders, erbs or klumpke’s palsy (damage to the nerves that control fetal arms and hands). Even though some of these injuries may be triggered by a number of other factors that are not entirely related to Medical malpractice cases, they are mostly caused by medical negligence. Having said that, here are some of the common child birth malpractices that should never be ignored in case they occur:

. – Failure to foresee birth defects or ectopic pregnancies.

. – Failure to diagnose a contagious disease that ended up infecting the fetus such as neonatal lupus or genital herpes.

. – Incompetent use of vacuum extractors or forceps.

. – Failure to direct a cesarean section when it was desperately needed.

Aesthetic Errors

Aesthetic errors are the most dangerous of all the types of Medical malpractice cases—it’s in fact, more dangerous than any form of surgical mistake. And a small error done by an anesthesiologist is enough to trigger a permanent brain injury or, worse, cause death. At times, anesthesiologists commit medical malpractices even before administering anesthesia. To highlight, here are some of the common mistakes some anesthesiologists make:

. – Failure to follow up the patient’s medical history before administering the anesthesia.

. – Failure to alert the patient of all the underlying risks that may be elicited in case he (or she) fails to follow pre-operative instructions (like avoiding certain types of food before the surgery)

. – Giving the patient too much anesthesia.

. – Failure to monitor the vital signs while administering the anesthesia

. – Use of defective equipment.

. – Intubating the patient improperly (Incorrect placement of breathing tube in the patient’s trachea).

Medical Malpractice Cases that Lead to Wrongful Deaths

Medical malpractice cases can also be brought against doctors or physicians as “wrongful deaths” in case a patient dies because of negligence. Usually, families file this lawsuit if they want to defray the medical cost of the victim, but compensation may also be awarded in case the family incurred any form of suffering and pain as a result of the victim’s death.

Image by Stock Images from freedigitalphotos.net.

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