Medical malpractice is a branch of civil law that deals with legal claims arising from medical negligence. Medical malpractice claims can be based on several different legal theories, including negligence, breach of contract, and failure to obtain informed consent. In the United States, medical malpractice law is governed by a complex set of rules and regulations that vary from state to state. Lawyers who handle medical malpractice cases are experienced in handling personal injury claims. They may also have experience with class action lawsuits and mass tort litigation.
Table of Contents
Here are nine common cases that medical malpractice lawyers handle;
1. Birth Injuries
These claims arise when a baby is injured during the birthing process. Common injuries include cerebral palsy, Erb’s palsy, and perinatal asphyxia. If the injury was caused by the negligence of a doctor or other medical professional, the parents may be able to file a medical malpractice lawsuit. Birth injuries can have serious consequences, as the child may suffer from physical disabilities, cognitive impairments, and emotional distress.
2. Diagnosis Errors
These claims arise when a doctor fails to correctly diagnose a medical condition. Diagnosis errors can have serious consequences, as the patient may not receive the proper treatment for their condition. In some cases, the delay in diagnosis can result in the death of the patient. Misdiagnosis claims are often based on the theory of negligence. To prove negligence, the plaintiff must show that the doctor owed a duty of care to the patient, that the doctor breached this duty, and that the breach resulted in injuries.
3. Surgical Errors
During surgery, doctors and other medical professionals are required to exercise a high degree of care. If they fail to do so, and the patient is injured as a result, the patient may be able to file a medical malpractice lawsuit. Surgical errors can occur due to negligence or inexperience. Common surgical errors include performing the wrong surgery, leaving foreign objects in the patient’s body, and damaging surrounding tissues.
4. Medication Errors
Medication errors can occur when a doctor prescribes the wrong medication, prescribes an incorrect dosage, or fails to properly monitor the patient’s reaction to the medication. Medication errors can have serious consequences, as the patient may suffer from organ damage, brain damage, or even death. Medical malpractice law in the United States is complex, and claims based on medication errors are no exception.
5. Anesthesia Errors
Anesthesiologists are medical professionals who specialize in administering anesthesia. Anesthesia errors can have serious consequences, as the patient may suffer from brain damage, organ damage, or even death. To recover damages in an anesthesia error case, the plaintiff must prove that the anesthesiologist was negligent. To do this, the plaintiff must show that the anesthesiologist owed a duty of care to the patient, that the anesthesiologist breached this duty, and that the breach resulted in injuries.
6. Emergency Room Errors
Emergency room errors can have serious consequences, as the patient’s condition may worsen while they are waiting for treatment. These errors can occur due to negligence or inexperience. Common emergency room errors include failing to properly diagnose a condition, failing to properly treat a condition and delays in treatment.
7. Cancer Misdiagnosis
Cancer is a serious disease, and early detection is critical to successful treatment. However, cancer can be difficult to diagnose, and misdiagnosis is not uncommon. If a doctor misdiagnoses cancer, the patient may suffer from serious health complications, including organ damage from chemotherapy. Therefore, the medical malpractice law may allow the patient to recover damages.
8. Defective Medical Devices
Medical devices are regulated by the U.S. Food and Drug Administration (FDA). However, sometimes defective medical devices make it to market and are used on patients. If a patient is injured by a defective medical device, they may be able to file a product liability lawsuit against the manufacturer. These lawsuits are complex, and claimants must prove that the device was defective and that the defect caused their injuries.
9. Delayed Diagnosis
A delayed diagnosis can have serious consequences, as the patient’s condition may worsen while they are waiting for treatment. These errors can occur due to negligence or inexperience. Common delayed diagnosis errors include failing to properly diagnose a condition, failing to properly treat a condition and delays in treatment.
Conclusion
If you or a loved one has been injured by a medical professional, you may be entitled to compensation. Medical malpractice law is complex, and claims can be hard to win.
An experienced medical malpractice attorney can review your case and help you understand your legal rights and options.