The Most Common Kinds of Medical Malpractice Cases

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The Most Common Kinds of Medical Malpractice Cases

medical malpractice cases

Medical Malpractice Lawsuit

The basis of a medical malpractice lawsuit is negligent treatment by act or omission on the part of the healthcare provider that falls below the accepted standard of practice in the medical community and causes injury or death to the patient. Injured patients file medical malpractice suits to gain compensation for their pain and suffering — which can be significant. The most common causes and types of medical malpractice cases are as follows.

Prescription Drugs Mistakes

Errors relating to prescription drugs are a common form of medical malpractice cases. The side effects or damage caused by a prescribed drug may be unknown to the patient for a period of time, and may go unreported by the practitioner who prescribed the drugs. There are often a number of defendants involved in a prescription drug malpractice case, including doctors, pharmaceutical companies, and other healthcare staff members such as nurses or pharmacists.

Medical malpractice cases for prescription drug mistakes are often caused by these occurrences:

  • Incorrect medicine/dosage
  • Unsafe medicines
  • Illegal prescriptions
  • Unforeseen side-effects

Incorrect Diagnoses and Surgical Mistakes

Another common form of malpractice occurs when a patient goes to a doctor for expert advice in diagnosing and treating an ailment, and the doctor misdiagnoses the cause of the problem. The doctor may treat the patient for one ailment, only to later discover that they suffered from a more serious underlying impairment. If that’s the case, the doctor may be held responsible for not taking the necessary measures to make an accurate diagnosis. In the case of a surgery, a surgeon may have performed a procedure and damaged or scarred another area of the body in the process. A patient has the right to file a medical malpractice case if negligence from the doctor or surgeon can be proven.

Birth Injuries

A number of complications often occur during the childbirth process. This doesn’t always fall into the category of a medical malpractice, however, if there was negligence or improper treatment that injured the child during or after the labor and delivery process, the family may have a case.

Common childbirth injuries associated with malpractice cases include:

  • Wrongful death
  • Cerebral palsy
  • Asphyxiation
  • Brain damage

Although money may not make up for the pain and suffering endured, the plaintiff has the right to be compensated. The injuries caused by medical malpractice may never totally heal, and can prevent an individual from returning to work which can cause significant financial problems. Too often, these financial pressures are exacerbated by the need for further medical treatment, causing plaintiffs in medical malpractice cases to often experience serious financial difficulties. A personal injury settlement advance is a great way to get the money needed to handle expenses while waiting for a medical malpractice case to settle.


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