Common Medical Malpractice Cases
Written by Cooper & Friedman PLLC on January 10, 2019
Medical malpractice may seem daunting, but it is actually quite straightforward. Medical malpractice occurs when a doctor, hospital, or another official in the healthcare field causes injury to a person through negligence or omission. Some medical malpractice cases are more common than others, but all cases cause injury. An injury could be in the form of misdiagnosis, an incorrectly prescribed prescription, or a physical injury.
There are many steps that have to be taken to prove medical malpractice occurred. For one, a doctor-patient relationship must be proven to have existed. Furthermore, it must be proven that the doctor was negligent and the negligence led to an injury. While this proof may be hard to show for some medical malpractice cases, it can be easier for common medical malpractice cases.
The Top 5 Common Medical Malpractice Cases
1. Failure to Diagnose or Misdiagnosis
Misdiagnoses affect 12 million people living in the United States annually. Misdiagnoses are common because a lot of illnesses have common symptoms; however, without a proper diagnosis, some illnesses are impossible to successfully treat. Misdiagnoses, or failure to do a correct diagnosis, can lead to further illness, delay proper treatment plans, or even cause death. When it comes to a misdiagnosis malpractice case, there is one key to proving the claim. You must compare what the doctor in question did to what another competent doctor would have done. If the competent doctor would have made another diagnosis under the same circumstances then you may have a medical malpractice case.
2. Error Prescribing Prescriptions
If a patient is given the wrong prescription, an incorrect dosage, or not made aware of the side effects of said medication, they may have grounds for a medical malpractice case. Prescription errors are a bit tricky because prescriptions go through so many hands. Do you hold the prescribing doctor, pharmacist, or drug manufacturer responsible? It’s questions like these that keep a lot of patients from reporting their prescription drug errors. An experienced medical malpractice lawyer will help navigate the ins and outs of prescription details to ensure that their clients have the strongest case possible prior to going to court.
3. Child Birth Errors
Childbirth medical malpractice is one of the most common medical malpractice claims. This is due to the fact that there are numerous injuries that can be caused during childbirth due to negligence. Nerve damage, brain injury, and bone fractures are just a few and those only cover the medical malpractice that can occur during childbirth. An entirely different field of prenatal medical malpractice also exists. This occurs when the acting doctor does not provide proper healthcare prior to the child’s birth. Some results of prenatal negligence can include birth defects, ectopic pregnancies, and the child contracting a contagious disease.
4. Surgical Errors
Surgical errors are another familiar issue that medical malpractice cases stem from. There have been countless stories on the news about patients who went in for surgery and left the operating room with a surgical sponge inside of them. Or, even more horrifying, those who went in for an amputation only to have the wrong limb removed. Poor communication and clerical errors are often the cause of surgical errors, but doctor negligence also factors in. Surgical claims are not as common as medication errors or childbirth mishaps, but they are still a big concern in the medical malpractice field.
5. Errors With Anesthesia
Medical malpractice when it comes to anesthesia is a scary thing. If not administered properly, anesthesia can be life-threatening and even fatal in some situations. Anesthesia errors do not only occur in the operating room either. Some medical malpractice cases involving anesthesia arise from pre-op or post-op situations and can even occur during dental work and outpatient procedures.
Every instance of medical malpractice is serious. With the help of an experienced medical malpractice attorney, retribution is possible.
If you feel that you have been a victim of medical malpractice, contact the attorneys at Cooper & Friedman today by calling 502-459-7555 or visiting our Contact Us page. Cooper and Friedman, Attorneys at Law, have over 45 years of combined experience in medical malpractice law. We have successfully recovered millions of dollars for victims of medical malpractice in Kentucky and Southern Indiana and offer free case consultations.