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Medical Malpractice

The Main Types of Medical Malpractice

— July 7, 2021

This initial stage of a medical consultation is also one of the most important, as it sets the course for the treatment plan.

A simple medical mistake can alter the course of a life. Errors can appear at any stage while a patient is under a doctor’s care: diagnosis, procedures, treatment, prescribing medication. However, not all errors qualify for medical malpractice. From a legal perspective, the plaintiff must prove several aspects, including that the error was preventable and caused an injury. 

Misdiagnosis or Delayed Diagnosis

This initial stage of a medical consultation is also one of the most important, as it sets the course for the treatment plan. Unfortunately, one of the most common types of medical malpractices is misdiagnosis or delayed diagnosis. 

In some cases, the repercussions might not become particularly noteworthy. However, in other situations, the patient’s condition can significantly worsen from mistreatment or delayed treatment on account of the initial error during the diagnosis stage.

Building a lawsuit on misdiagnosis alone can be a challenging venture. Medical practitioners may not be held legally responsible for all errors in diagnosis. There are a few conditions that must be met if you wish to pursue legal action:

  • There was a pre-existing doctor-patient relationship.
  • Negligence on the part of the doctor.
  • The doctor’s negligence led to the patient’s injury.

Of these, the last two are particularly important from a legal perspective. To find out if your case may qualify for a medical malpractice lawsuit based on misdiagnosis, contact the Law Offices of Anidjar & Levine. Experts lawyers will assess your case and recommend ways to proceed.

Birth Injuries

Medical errors during pregnancy or childbirth can cause (preventable) harm to both the mother and the child. Some of these mistakes may rob a child of their chance at a normal life. The emotional toll of such an event can be deep and long-lasting. In addition to these, there can also be a significant financial hardship.

If you believe that there was a medical error due to negligence during pregnancy and labor, you might be eligible to receive compensation. While the financial compensation thus received will not erase the tragic event, it can help ease the financial burden and ensure a better life quality. 

Surgical Errors

There are a wide range of surgical errors that can occur during an intervention. A physician may fail to meet the standard of care or correctly perform a routine procedure. Another common surgical error is to forget medical instruments inside a patient. This can lead to health complications down the road.

Image of Surgical Tools
Surgical Tools; image courtesy of rawpixel via Pixabay,

Since not all surgical errors qualify for medical malpractice, it is best to consult a qualified lawyer on the issue. After being informed about the details of your case, they can determine whether or not you have sufficient grounds.

Failure to Treat

If the medical expert has correctly diagnosed the patient’s condition but fails to offer the appropriate treatment according to the standard of care, it counts as failure to treat. A physician is responsible for a patient while under their care. Errors at this stage also encompass early discharges or inadequate follow-up care. 

Prescription Drug Errors

Medical errors can also occur while prescribing medication. This is a complex stage that requires a good knowledge of the patient’s health condition. These are some of the most common prescription drug errors:

  • Wrong medication
  • Incorrect administration
  • Incorrect dosing
  • Prescribing medication that can negatively interact with other prescription drugs taken by the patient or a pre-existing health condition.  

Again, not all errors at this stage may qualify as medical malpractice. From a legal point of view, the error needs to have led to a serious injury. You must prove this causal relation in court if you wish to win the lawsuit. 

Final Thoughts

If you believe that you were – or a loved one was – injured on account of a doctor’s error, you may receive compensation for your pain and suffering. To set the best course for a medical malpractice case, it is ideal to have a qualified lawyer on your side to guide proceedings. 

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