Common Medical Malpractice Cases

by Emerald Du on August 17, 2008

Medical malpractice can occur in any area of medicine in which a patient can be injured as a result of poor treatment. The following are common examples of areas in which medical malpractice can occur.

Anesthesia Errors

The administration of anesthesia requires the use of sensitive techniques. Improper use of the anesthetic agents, oxygen, and other substances and equipment can result in serious physical impairment or death. Also, before anesthesia is administered, the acting anesthesiologist must check to make sure that the patient does not have any conditions that may cause complications. Failure to thoroughly check for these conditions or proceeding despite them can also lead to serious injury, and are common bases for medical malpractice cases.

Birth Injury

Medical malpractice claims often filed for the birth injuries include: Cerebral Palsy, Erb’s Palsy, and brain damage.

Burn Therapy

Emergency therapy on serious burns must adequately prevent excessive injury, loss of tissue, or death. Otherwise, the care providers can be held liable in a medical malpractice lawsuit.

Child Delivery

Medical professionals assisting with pregnancy and childbirth are under obligations to consider many issues. These include Rh-incompatibility as well as other complications that can cause malformations, birth injury, cerebral palsy, or brain damage. If inattentive care has in any way caused such an outcome, the care providers may have committed medical malpractice.

Defective Drugs or Products

An individual suffering injuries caused by a defective drug or defective medical product may be entitled damages from the hospital, doctor, manufacturer, or distributor. If the victim was not warned about the dangers of the product, or if the product does not meet safety standards, a medical malpractice case can be filed.

Experimentation

Medical personnel who employ procedures or drugs that are unapproved by reputable medical organizations are at risk for medical malpractice.

Failure to Diagnose

Injury that results from medical professionals making an incorrect diagnosis even when given significant information is a typical cause of a medical malpractice lawsuit. The most common are failures to diagnose breast cancer and lung cancer.

Improper Procedure

Medical professionals can make simple mistakes that can be costly to a patient. Examples include delays in treatment, and failure to obtain proper consent for treatment.

Medication Errors

Issuing insufficient amounts of medication, or improper instructions in its usage, can be detrimental to a patient’s health. A medical malpractice case can also be brought against physicians or a hospital for medication errors where handwritten prescriptions are illegible, where abbreviations are used on the prescription, and where two drugs with similar spellings are confused.

Nursing Home Abuse

A medical malpractice case can be brought against people who are paid to provide care for elderly people in nursing homes. Different types of elder abuse include physical abuse, psychological abuse, emotional abuse, financial abuse and neglect.

Surgical Errors

Surgery on almost any organ or other structure of the body can carry risks. If evaluation, preparation, the surgery itself, or postoperative care is performed incorrectly, the procedure may fail. Serious side effects can also occur as a result. A medical malpractice attorney experienced in medical malpractice cases can help victims of surgical errors determine if they have a valid medical malpractice lawsuit.

Wrongful Death

Medical malpractice claims can be brought against physicians for wrongful death when a patient dies as a result of medical negligence or hospital error. Wrongful death lawsuits are filed in an attempt to defray medical costs for the family of the victim. In addition, damages for lost wages, pain and suffering, and loss of companionship may be awarded.

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