Medical malpractice cases occur when a doctor or health care provider fails to adhere to the designated standards of medical care, resulting in the death or injury of a patient. These cases are highly regulated to prevent frivolous cases that may result in an increase in insurance premiums.
Types of Medical Malpractice
There are several common types of medical malpractice. Some of the most common types include:
- Misdiagnosis- a misdiagnosis occurs when a doctor fails to correctly diagnose the illness. These can include diagnosis of a different illness that the patient does not have or not diagnosing an illness at all.
- Failure to treat- though the doctor may correctly diagnose the illness, failure to treat the illness properly is also consider medical malpractice. This often occurs when a doctor treats more patients than he or she is capable of safely caring for.
- Surgical error- there are many types of errors that can occur during surgery. Unnecessary surgery, improper dosage of anesthesia, and leaving a medical tool inside the body of the patient are just a few types of medical malpractice concerning surgery.
- Birth injury- these injuries can often be the most devastating, both emotionally and financially. Birth injuries can be caused by insufficient prenatal care, failure to diagnose a pregnancy-related illness, or an injury caused during birth.
Important Points About Medical Malpractice
Each state has a different statute of limitations. These are essentially time limits in which medical malpractice cases will be allowed. Though a doctor may fail to adhere to the basic standards of medical care, a medical malpractice case is only valid if the failure resulted in the death or injury of a patient. Many people are under the misconception that signing a release form prior to surgery prevents them from suing in the case of medical malpractice. This is not true.
Medical malpractice cases can be difficult, due to the variety in causes and the regulation of each state. Before proceeding with a medical malpractice case, you should consult with an experienced attorney. To consult about your medical malpractice case, contact us at LeBaron & Jensen today.