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Last Modified: March 1, 2023

Who qualifies for Medical Malpractice?

Published on June 23, 2016 • Last updated March 1, 2023 by Ken Christensen
Topics: Medical Malpractice

Your doctor is perhaps your most trusted person, other than your attorney, of course. However, doctors are not immune to mistakes. If your doctor makes one, it could be a very detrimental experience because you not only feel physical pains, but pains of losing trust in a person. This article explains the different types of medical malpractice, to help you decide if you’ve been mistreated by your medical provider.

What is medical malpractice?

Medical malpractice occurs when your doctor strays from the “standard of care”. The standard of care is basically the standard approach a doctor should take in any medical situation. Essentially, medical malpractice is when your medical provider was negligent.

medical malpractice
PACIFIC OCEAN (Aug. 10, 2007) – Lt. Cmdr. Angela Powell, an otolaryngologist assisted by Hospital Corpsman 3rd Class Daniel Vogel a surgical technician, performs surgery aboard the Military Sealift Command (MSC) hospital ship USNS Comfort (T-AH 20). Comfort is on a four-month humanitarian deployment to Latin America and the Caribbean providing medical treatment to patients in a dozen countries. U.S. Navy photo by Hospital Corpsman 1st Class Jean A. Wertman (RELEASED)

Types of medical malpractice.

Misdiagnosis or delayed diagnosis

This is the most common form of medical malpractice. It occurs when your doctor failed to provide you with a correct diagnosis, or prolonged a diagnosis. With misdiagnosis, your body is withheld from treatment that could have prevented harm, or even death.

You can prove a misdiagnosis by comparing how other doctors in the same field would have treated the problem. If another competent doctor would have handled the case differently, then there could be negligence.

Childbirth Injuries

Negligent Prenatal Care

Negligent prenatal care occurs when there were serious ailments during the pregnancy that were unrealized or untreated. Some examples are:

  • failure to identify birth defects.
  • failure to identify a disease that could harm the fetus.
  • failure to identify ectopic pregnancies.

Negligence During Childbirth

During birth, a doctor could mishandle a situation which could result in lasting damage and death to the mother or baby. Some examples include:

  • failure to perform a cesarean, when one was necessary.
  • incompetent use of a vacuum extractor.
  • tangled umbilical cords.

Medication Errors

Medication error could occur in both prescription or administration of a drug. You could be given the wrong dosage, or even the wrong drug. In other circumstances, hospital staff could give the right drug to the wrong person. Like misdiagnosis, medication errors are also common.

Anesthesia Errors

Receiving the wrong dosage of anesthesia could cause brain damage, permanent injury, or death. An anesthesiologist could commit mishandling before it is administered if he:

  • misinformed you of the risks beforehand (such as not eating before surgery)
  • failure to investigate your medical history.

During anesthesia, the anesthesiologist could have:

  • given too much anesthesia.
  • failed to consider your vital signs.
  • improperly used equipment.

Surgery Errors

Some injuries could arise from surgery. A surgeon could:

  • perform the wrong surgery.
  • puncture an adjacent organ.
  • leave surgical instruments in the body.

If you feel that you have been mishandled during a medical procedure, get legal help. An experienced lawyer understands how to provide evidence and proof that is necessary for a medical malpractice settlement. At Christensen and Hymas, we will give you the guidance and support to help you get your life back.

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