A lawsuit, defined as a civil action brought in a court of law in which the plaintiff sues the defendant for damages, can arise from many different situations. In torts law, for example, plaintiffs may sue for personal injury, property damage, or even wrongful death. Similarly, medical malpractice lawsuits arise in many different scenarios.
Here are 4 common types of medical malpractice lawsuits.
Misdiagnosis
A correct diagnosis is the only way proper treatment can be administered. Otherwise, patients may end up receiving medications or other treatments that are ineffective at best and downright dangerous at worst. Misdiagnosis is, unfortunately, quite common affecting everyone from babies to seniors.
In order for a plaintiff to win this type of suit, they must prove that the defendant made an error in their diagnosis that a similarly skilled medical professional would not have made. The plaintiff must also show that this misdiagnosis caused them some type of harm.
Treatment Error
After a patient has been correctly diagnosed, they must then receive the proper course of treatment. This may include medication, surgery, or some other kind of intervention. A treatment error can be differentiated from misdiagnosis in that although a correct diagnosis is made, a medical professional administers the wrong treatment.
To win a treatment error lawsuit, the plaintiff must show that the defendant’s actions fell below the medical standard of care and that this deviation from the standard of care caused them some type of harm.
Birth Injuries
Problems during childbirth are, unfortunately, also not all that uncommon. Every day babies are born with scars, prematurely, with low birth weights, etc through no one’s fault. But birth injuries can also occur as a result of medical negligence on the part of the attending physician.
Some common types of birth injuries caused by medical malpractice include skull fractures, nerve damage, and Erb’s palsy.
In order to win a birth injury lawsuit, the plaintiff must show that the defendant’s actions fell below the medical standard of care and that this deviation from the standard of care caused the child’s injuries.
Health Care Facility Error
A final type of medical malpractice lawsuit is one that involves errors made by a healthcare facility rather than an individual medical professional. These errors can include things like an unsafe environment, contaminated equipment, or even incorrect patient records.
To win one of these lawsuits, the plaintiff must prove that the health care facility was negligent in some way and that this negligence led to their injuries.
While medical malpractice lawsuits can be complex, they do offer a way for patients who have been wronged to seek justice and compensation for their injuries. If you think you may have a case, it’s important to speak with an experienced medical malpractice attorney to learn more about your legal options.