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Examples of Medical Malpractice: Cases Where You Need a Medical Malpractice Lawyer

examples of medical malpractice

Did you know that doctors perform 50 million surgeries every year in the US?

Doctors are highly skilled individuals who seek to provide the best care possible. But unfortunately, sometimes even they can have bad judgment. Depending on how badly a doctor messes up your diagnosis, a medical malpractice lawsuit could be in order.

If your medical professional has botched your care, you may be entitled to malpractice compensation. Malpractice covers a wide variety of situations. In this guide, we’ll cover just a few examples of medical malpractice.

Keep reading for cases when you might need a malpractice lawyer.

Medical Negligence Vs. Malpractice

It’s important to understand the difference between these two things. A negligent doctor would be charged in a very different manner compared to a doctor who performed malpractice.

In essence, medical malpractice is when any healthcare professional gives you substandard care. Malpractice only occurs when this medical professional is aware of any consequences that might occur as a result of their actions. They are choosing to administer care in an improper fashion despite the risk it poses to you.

A negligent doctor, on the other hand, is one who provides substandard care without realizing the risk. In other words, medical negligence is an accident. They could have prevented it if they were more careful, but they proceeded despite the potential risk.

Common Examples of Medical Malpractice

Medical malpractice falls into several categories. It includes not just treatments, but a failure to provide the right treatment, or diagnosis.

The following are broad examples of medical malpractice.

Improper Diagnosis or Late Diagnosis

Misdiagnosis is relatively common in the medical world. Often, the patient suffers minimal consequences. But in certain life-and-death situations, and misdiagnosis can lead to serious injury or death.

Misdiagnosis can include a failure to do any of the following:

  • Correctly identify signs and symptoms of your condition
  • Seek additional testing or information required to complete your diagnosis
  • Refer you to someone else who specializes in your condition

Delaying a diagnosis can also be life-threatening. Just as above, if someone requires a diagnosis, but does not receive it in a timely manner, that could have a powerful impact on their health prospects.

Delayed diagnosis may include the following:

  • Lab results that take too long or get lost
  • The doctor fails to keep up with your condition
  • The doctor misses crucial appointments with you despite being able to

Failure to Give Treatment

Failure to treat encompasses several different situations when you do not receive proper treatment. The following are some examples:

  • The doctor releases you from care too soon
  • The doctor does not follow up with your care
  • The doctor does not give you the appropriate instructions for self-care
  • The doctor does not order medical tests that you need
  • The doctor does not provide life-saving medication

Errors with Prescription Drugs

Taking the proper drugs for your condition is vital. Taking too much, or taking the wrong drug, can lead to serious consequences.

The following are prescription drug errors that may constitute medical malpractice:

  • The doctor prescribes the incorrect medication for your condition
  • The doctor prescribes too much or too little of the correct medication
  • The doctor fails to identify any allergies or dangerous interactions with current medications
  • The doctor prescribes medication that may exacerbate existing problems with addiction or abuse

Issues with Surgery and Other Procedures

As mentioned in the intro, surgery tends to be where medical malpractice goes most wrong. Even with simple operations, there can be serious consequences.

Surgeries are often complicated and involve many different medical professionals. For example, the surgeon may have done their job properly, but the anesthesiologist did not.

Surgical errors may include the following:

  • They perform the surgery on the wrong place on the body
  • They perform surgery meant for another patient
  • They accidentally leave items inside your body, such as gauze or tools
  • The anesthesia goes wrong, either provoking a bad reaction or providing insufficient anesthesia
  • There is some failure before or after the surgery as a result of not following protocol

Issues with Childbirth

Childbirth is already very risky and poses many different threats to the mother. In some rare cases, medical professionals may cause or exacerbate problems.

Issues during childbirth may include the following:

  • Prenatal care is lacking
  • Forceful removal of your baby from your birth canal
  • Issues with the umbilical cord, such as when it wraps around the baby’s neck or mouth
  • Failing to perform a necessary C-section, or choosing a C-section when not necessary
  • Mishandling the baby during the birthing process, such as dropping or shaking them

When Should You Seek out Medical Malpractice Attorneys?

There are many different types of medical malpractice. If you believe you have a medical malpractice lawsuit on your hands, you should contact an attorney.

You can always obtain a free consultation to determine if there’s a good chance of winning your case. Find out more here about the cost of hiring an attorney.

Medical malpractice claims tend to be quite complicated. They may involve several different medical professionals and require in-depth research into medical records. It may take time to collaborate with medical institutions to obtain this information.

Issues may arise during the process. Medical professionals may fail to cooperate, or attorneys may discover that there are no records for a part of your treatment. A medical malpractice lawsuit could easily grow much larger than just the misdiagnosis that you suffered.

Put simply, you need professional help when trying to fight one of these cases. If you go through the proper channels, the hospital or insurance provider may deny your claims.

Medical malpractice attorneys do this on a daily basis. They know the ins and outs of the US medical industry, as well as the law surrounding it. They’ll be an invaluable ally in obtaining compensation for your suffering.

Find a Medical Malpractice Attorney Today

Examples of medical malpractice range from misdiagnosis to problems during childbirth. Whether it’s malpractice or negligence, the hospital often may not compensate you for your trouble. Seek out an attorney that specializes in medical malpractice to fight your case.

Looking for the right attorney? At Cook and Tolley, we are ready to help. Visit our website and get a free consultation today.

Cook & Tolley, LLP
304 E Washington St
Athens, GA 30601
(706) 549-6111


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