Types of Medical Malpractice Claims

In this article, we will break down several different types of medical malpractice claims. When involved in a medical injury claim, it is important to understand which type of medical malpractice claim is being made. We will breakdown the types of medical malpractice claims, such as misdiagnosis claims, injuries from workers’ compensation, negligence, prescription and medication drug errors, and Hospital Malpractice.

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Types of Medical Malpractice Claims, Birth Injuries
Solon Phillips, Esq
March 16, 2021

In this article, we will break down several different types of medical malpractice claims.

When involved in a medical injury claim, it is important to understand which type of medical malpractice claim is being made.

We will breakdown the types of medical malpractice claims, such as misdiagnosis claims, injuries from workers’ compensation, negligence, prescription and medication drug errors, and Hospital Malpractice.

Misdiagnosis Claims

Medical misdiagnosis is a common type of medical malpractice claim.  Misdiagnosis can occur when a condition or illness goes completely undiagnosed by the medical expert.  Medical misdiagnosis can also occur when the wrong diagnosis is made. Finally, misdiagnosis may also be claimed for a late diagnosis.  In cases of potential medical malpractice, reach out to an attorney to consider the options for misdiagnosis.

Medical Injuries From Workers' Compensation

Employers are typically required by law to provide workers’ compensation for their employees. If someone is hurt at work, they are entitled to workers’ compensation. 

If the workers’ compensation is no-fault, that means the employee is entitled regardless of if the accident is their fault, or the fault of their co-workers or employer.  If an employee is harmed during treatment or experiences other levels of negligence, they may decide to pursue a malpractice claim against the healthcare provider. 

As long as an employer provides workers’ compensation, they are not typically open for legal action related to the medical treatment, however the healthcare provider may be!

Failure to Treat & Negligence

Failure to treat and negligence are two common forms of malpractice claims.  If a medical professional fails to treat an illness or condition, leading to injury or further problems for the patient, the patient may be able to pursue a medical malpractice claim. 

This failure to treat can involve negligence, for example, failing to perform necessary medical tests, failing to treat a patient in a timely manner, and denying or delaying treatment due to lack of insurance or choice of insurance coverage. 

It is important that medical professionals are trustworthy to treat patients accurately, and failure to do so may leave them open for malpractice claims. 

Surgical Errors & Injury

In the medical profession, surgical errors are often called "never events'' because these incidents are never meant to occur. From operating on the wrong area of a body, to leaving surgical instruments in the body, surgical errors can lead to pain, suffering and death. A medical professional causing these errors is very serious, and may be cause for a malpractice claim.  

Prescription & Medication Drug Errors

When you or a loved one has been affected by errors made by incorrectly filled prescriptions, administered drug dosages or due to wrong information regarding usage of a medication, you suffer the consequences. You should not bear the costs, damages and loss due to prescription drug errors without compensation.

Prescription drug errors can have very serious consequences for a patient, and assuring the accuracy of medication drugs is a vital aspect of a medical professional career.  If you have experienced this error, you may be eligible for a medical malpractice claim regarding your case.

Medical Device Errors & Failure

While some medical device manufacturers and medical devices are protected from lawsuits, standards that medical device manufacturers must follow when creating a product, as well as how to properly label and warn of potential problems, but occasionally medical devices still reach the market with defects.

Many of us rely on medical devices to work correctly, and if you are harmed due to an error caused by a medical device, a malpractice claim may be an option.

Postoperative Injuries & Negligence

While many patients are aware of the risks of surgery, few realize that negligence can result in injuries and death in the hours and days after surgery.

The care a patient receives after surgery is just as crucial as the operation itself. One of the most dangerous postoperative risks is the risk of infection. From the immediate recovery and post-op evaluation to the long-term impacts of a post-op error, our firm will help you hold health care providers accountable for their negligence.

Hospital Malpractice & ER Errors

Regardless of the stress, emergency room staff members have a duty to avoid mistakes by not rushing or cutting corners when they treat a new patient.

An error in the emergency room can cause a major problem, especially in an emergency situation.  An ER or hospital staff member who fails to provide competent care that should be expected, they may face a medical malpractice claim.

Birth Injuries

Birth injuries not only have physical and emotional consequences but also have the potential to place a financial strain on the child’s family.

When a birth injury is caused by the negligence of a doctor or another healthcare provider, the family may be able to recover compensation for these costs through a birth injury lawsuit. If your child has been injured at birth, contact our firm to learn your rights and how we can protect your family.

Every year, there are thousands of victims of medical malpractice and most of these instances are preventable. If you believe your situation falls into one of the above categories or medical malpractice claims, it is highly recommended that you seek out an expert malpractice attorney to discuss your options.

Experienced Medical Malpractice Attorney

It's absolutely necessary to have an experienced medical malpractice and personal injury attorney that has experienced protecting your rights while defending your health and medical treatment. If you've been a victim of medical malpractice, contact us to schedule a free consultation to learn more about how our personal injury attorneys fight for you.

Authored by

Partner

Solon Phillips, Partner of the General Litigation Group at Remus Enterprises Law Group, is an experienced legal professional with extensive experience working in large law firms while devoting much of his spare time in volunteer work in public service.

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