Types of Medical Malpractice Cases

A large number of medical malpractice cases reach the civil court system annually; however, the following three forums of medical malpractice contain pertinent information to individuals questioning whether or not they are possible candidates for filing a medical malpractice claim against a healthcare provider.  As with every legal case, consulting an attorney in your local area, who is versed in the local and state jurisdictional laws pertaining to your case, is the only means of assuredly ascertaining whether or not your claims are supportable in the civil courts.

Plastic Surgery Error and Cosmetic Surgery Malpractice  

Across the United States, millions of individuals in exponentially increasing numbers are electing to undergo personal enhancement surgeries.  In many instances, these surgeries are not covered by health care insurers due to the elective nature of these procedures and surgeries.  Likewise, juries trying civil cases regarding medical malpractice damages stemming from cosmetic surgery cases prove gravely unsympathetic to plaintiffs in these matters.  By electing to undergo the cosmetic surgery in the first place, the argument that the plaintiffs themselves are at least partially liable for fault in their damages can be made to jurors. 

Naturally, there are instances of cosmetic surgery medical malpractice that do warrant compensatory damages, however, many individuals will be surprised to find the relatively low rate of successful claims for these cases.  Even rarer, albeit not unprecedented, are punitive damage awards in cosmetic surgery medical malpractice cases.  Even in the non-stigmatized realm of normal healthcare procedures, punitive damages are only awarded by judges and juries in cases of malpractice, which exhibit intentional, grievous, reckless, wanton, or gross negligence on behalf of the healthcare providers, which resulted in serious or fatal bodily damages to a victim patient.

Prescription Drug Errors

One of the most common forms of medical malpractice proves to be prescription drug errors, which can prove fatal.  The fact of the matter is that many prescription drug errors go unreported or even unnoticed by patients.  Other times, the medication error is caught in ample time, which leaves patients with no damages, thus, no rise of claims for compensation.  There are, however, a large number of cases, which do result in prescription drug error medical malpractice claims.  A large number of individuals can be held responsible for instances of medication errors, including:

• Doctors and physicians
• Healthcare or nursing staff members
• Pharmacists
• Prescription drug companies, manufacturers, and marketers

These entities can be held liable in one or more of the many instances that would constitute negligence forming a medical malpractice case, including:

• Wrong medication
• Wrong dosage
• Failure to reasonably foresee detrimental complications
• Defective or unsafe medications
• Illegible prescriptions

Although unknown to many patients, the most common cause of medication errors stems from illegible prescriptions or prescription abbreviations issued from physicians.  Additionally, pharmacists are required to consult with doctors before issuing prescriptions they cannot positively read. 

Birth Injuries and Obstetric Malpractice 

For starters, the question of what exactly constitutes a birth injury case must be answered.  In essence, any healthcare provided by a medical professional during the birth process that is below the acceptable standard of care for their profession is deemed as negligent and in turn, medical malpractice.  The formulations of a successful birth injury medical malpractice case, however, hinge on this fact, as well as the documentable fact that either a newborn child or their mother was injured or incurred damages as the result of this negligent action must be proven.

A number of commonly occurring problems during childbirth do not constitute medical malpractice, even if injuries or damages do occur, if the healthcare providers are deemed to acted and responded in manner consistent with a reasonable level of care.  Some of the more commonly associate injuries, which may prove applicable to birth injury medical malpractice cases will include:

• Cerebral Palsy
• Erbs Palsy
• Brachial Plexus
• Erb-Duchenne
• Dejerine-Klumpke Palsy
• Fractures
• Brain damage
• Fetal death

A host of other actions by healthcare professionals may also contribute to damages incurred by newborns and their mothers during childbirth including:

• Forceps or vacuum used incorrectly
• Doctor negligence to a higher risk pregnancy
• Medication prescribed put the baby at risk
• Inadequate monitoring of the baby's condition
• Doctor did not plan for a C-section

Surgical and Diagnosis Errors

There are a host of surgical and misdiagnosis or late diagnosis problems that can occur in a hospital or doctors clinic. In surgery cases, it's possible that the doctor performing the surgery may accidently cause dmage to an internal organ, vein or other body part that can casue severe injury and medical problems later. Often times, these types of mistakes will not show themselves until weeks or even months after the patient has recovered from the surgery.

With regards to diagnosis errors, there are commonly two types, misdiagnosis and delayed diagnosis. In either case, the doctors failure to diagnose an illness accurately and in time may prove to be costly in term of the patients health, and options for treatment.

What Can an Injured Patient Do?

Medical Malpractice law is extermely complicated, and pursuing a lawsuit against a doctor or other medical professional is very difficult. Talking to an experienced medical malpractice attorney is the best way to find out the options available to seek compensation for the medical expenses, lost wages, pain and sufferring and other costs of a doctor error.