Types of Medical Malpractice Claims

What is the Difference in Malpractice and Negligence
May 28, 2018
Examples of Medical Negligence
May 28, 2018

Medical malpractice is defined as the intentional negligence on the part of medical professionals that leads to an injury or serious circumstance of the person being treated. While not an uncommon occurrence, such a situation could create major problems in the lives of those affected and therefore it is important to know what kind of claim you could file if you are in the need to pursue a medical malpractice claim.

In general, there are four types of medical malpractice claims. The first, and most common, is a misdiagnosis. In this type of case, the doctor diagnosed the wrong kind of malady and, more importantly, wasted valuable time and resources in attempting to treat it. Note that in a malpractice case, it must be negligence that led to the misdiagnosis, not something legitimate such as the manifestation of a new symptom.

The second type of malpractice claim is negligence involving pregnancy and/or childbirth. This is a specific category because serious issues can occur for both mother and child if the medical team overseeing it is not performing to the proper standard of care. Note again that is must be negligence that leads to the injury, not simply an unfavorable outcome.

Thirdly, a mistake in prescribing or administering drugs is a common type of medical malpractice. If the wrong kind of medication, or the incorrect dosage of the right kind, is given to a patient, it can lead to serious complications. This kind of case must be based on the prescription of drugs; if the pharmacy fails to deliver the right kind, the lawsuit should be filed against them.

Lastly, surgical errors are a type of medical malpractice. The most common form of this is on the part of the anesthesiologist administering either not enough or too much anesthesia. Other surgical errors may occur, but negligence must be proven as the cause of any injuries in order for it to be considered malpractice.

If you or someone you know has been injured in the above cases or due to the negligence or malice of a medical professional, you may have grounds for a malpractice lawsuit. If you pursue this kind of case, we at the Franco Law Firm are here to help you every step of the way to see your justice served. To learn more about our services and to schedule a free consultation with us, please call (813) 872-0929.

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