Medical malpractice claims can arise when a doctor or nurse fails to provide proper care to a patient. These cases may include surgical errors that result in a patient’s death or injury. They can also include failing to perform a medical procedure according to accepted medical practices. Failure to communicate important information to the patient during surgery or treatment can also result in malpractice claims.
The consequences of medical malpractice may be severe and difficult to detect. In some cases, the consequences may be immediately apparent while in others the consequences may be delayed for years. In these cases, the victim of medical malpractice can claim damages for pain and suffering. In addition, the damages received in a malpractice case may include the cost of treatment, loss of earnings, and other expenses.
Another type of medical malpractice case involves the failure to diagnose. In this case, the patient was diagnosed with a disease but the doctor never followed up on the condition. Other examples of failure to diagnose include discharging the patient too early, not providing follow-up care, or not providing a standard of care for the patient’s condition. In order to qualify for damages, the victim must show that the doctor or medical team did not provide the minimum care necessary for the patient’s condition.
Failure to diagnose a prenatal health condition can also be the basis of a medical malpractice case. For example, a doctor who fails to notify a mother of the existence of Down syndrome during pregnancy may be liable for the death of the baby. In either case, the victim of medical malpractice must contact an attorney to investigate the circumstances and seek compensation.
One of the most notorious forms of medical negligence is surgical error. While it is not the most common type, it is still devastating for patients. Patients expect their surgeons to be competent and safe. Surgical errors can result in lifelong disfigurement or disability, or even death. Accidents of this nature are often the result of errors in reading a patient’s chart or not reviewing the patient’s medical instructions.
Another common example of medical malpractice is a patient’s left-over foreign object. A surgeon may perform an operation on the wrong patient, or even leave an instrument inside their patient. When this happens, the patient may develop a severe infection, which is a serious medical malpractice.
Medical errors can happen at any stage of treatment. In some cases, a doctor may fail to diagnose a condition, resulting in incorrect treatment. Misdiagnosis is more common than drug and surgical errors. Some conditions present themselves in unusual ways and may not be correctly diagnosed. However, failure to diagnose a condition is not considered medical malpractice.
The key to proving a medical malpractice claim is proving that the physician or hospital breached a professional duty. Then, the patient must show that the breach of the duty caused injury and damages.