A physician holding a stethoscope stands next to judicial scales and a gavel amidst a medical malpractice lawsuit

Common Medical Malpractice Lawsuits and When to Consult a Lawyer

After reading this blog post on when to get a legal consultation from an experienced medical malpractice lawyer, you’ll learn:

  • Why you may need a medical malpractice lawyer
  • What the five most common types of medical malpractice lawsuits are
  • Who to call if you believe you’ve been a victim of medical malpractice

While individuals and families may never recover physically or emotionally from the results of inadequate care or medical error, the legal system allows for them to seek damages from those responsible. With the help of an experienced medical malpractice attorney, it may be possible to regain financial losses stemming from the situation to help put the situation behind you and move on.

How a Medical Malpractice Lawyer Can Help You

A malpractice lawyer can be your partner should you or a family member experience the effects of substandard care or medical error. Your lawyer will work with you to understand the particulars of your case and investigate the cause of your or your family member’s injury or illness. During this work, they may uncover what parties should be held liable and help you recover damages.

Beyond recovering the damages stemming from medical bills, lost income, or other financial losses, your lawsuit can also help prevent future instances of malpractice. For instance, the person, organization, or facility held responsible may be forced to cease providing care.

Common Types of Medical Malpractice Lawsuits

While there are many categories of medical error, most lawsuits tend to center around five main types of malpractice. If you believe you’ve dealt with or are currently dealing with any of these situations, it’s important to consult with a lawyer.

Birth Injuries

Most families will never deal with something as upsetting as an injury to their child during its birth. Indeed, malpractice during birth can result in a variety of birth injuries:

  • Cerebral palsy
  • Nerve damage
  • Shoulder dystocia
  • Spinal cord injuries

Your doctor and OBGYN should also be forthright and transparent during your pregnancy. If they withhold information about your baby’s health, they may be guilty of malpractice.

Failure to Treat

Anyone who practices medicine is legally required to provide adequate care. Failure to treat a condition after correctly diagnosing it can lead to negative health issues that could last a lifetime.

There are several specific examples of when a doctor fails to treat their patients:

  • They don’t examine or incorporate a patient’s medical history when prescribing treatment.
  • They don’t order appropriate medical tests based on their diagnosis.
  • They don’t provide instructions for follow-up care.
  • They release a patient from their care too soon.

Misdiagnosis and Delayed Diagnosis

Perhaps the most common form of medical malpractice is misdiagnosis. This occurs when a doctor provides an incorrect diagnosis based on medical error. In the best-case scenario, this can push back the patient’s ability to receive the correct diagnosis and take action. In the worst-case scenario, it can lead to death.

Misdiagnosis usually happens through a doctor’s inaction or mistake:

  • Not recognizing clinical symptoms of a condition.
  • Not ordering necessary medical tests.
  • Not referring the patient to a specialist
  • Incorrectly assessing symptoms or the results of a medical test.
  • Losing the results of a test and failing to follow up.

Prescription Drug Errors

Three main forms of prescription drug error can result in malpractice:

  • Prescribe the wrong medication for a condition.
  • Prescribing a dosage that’s either too much or too little for the condition and the patient’s medical history.
  • Prescribing a medicine that interacts with a patient’s known allergy or other prescribed medication.

Each of these situations has the potential to cause significant physical harm to the patient. It’s a doctor’s duty to avoid them.

Surgical Errors

Patients are at their most vulnerable during surgery even if the procedure is considered out-patient. Unfortunately, surgical errors are frequent and likely to cause patients severe injury or illness.

Most surgical malpractice situations stem from these remarkably common scenarios:

  • The surgeon performs the procedure on the wrong part of the body.
  • The surgeon performs surgery on the wrong patient
  • The surgeon or other medical professional leaves equipment inside the patient’s body
  • The anesthesiologist provides the wrong amount of anesthesia to the patient.
  • Members of the surgical team failed to follow accepted medical practices during preparation for the surgery, the surgery itself, or afterward.

Need an Experienced Medical Malpractice Lawyer?

If you or a family member has experienced medical malpractice, you are likely feeling overwhelmed by the gravity of the situation. At Ganim, Ganim & Ganim PC, we’ll be your partner throughout the lawsuit process. We’ll give your case the individualized attention it deserves while advocating on your behalf as we seek to recover financial losses. This can help provide closure, let your family receive financial stability, and prevent those responsible from committing malpractice again.

Call us today at 203-373-7772 to set up a free consultation.

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