Common Forms of Medical Malpractice
Medical professionals can make errors in a wide variety of ways, with some errors being more common than others. In today’s guide, we will be going over the four most common forms of medical malpractice and whether or not you should file a lawsuit. The four main types of medical malpractice that lead to lawsuits are:
- Birth injury
- Surgical errors
- Medical product liability
For all these cases of medical malpractice, clear evidence is generally required to make a successful lawsuit. That’s why you need to have the top medical malpractice attorneys on your side to make your case as strong and clear as possible. If you have been the victim of medical malpractice, consult with the malpractice lawyers at Fredson Statmore Bitterman LLC in New Jersey today. Call now to schedule your free preliminary consultation.
The 4 Most Common Types of Malpractice
Almost all personal injury cases are based on negligence, and this holds true for most medical malpractice liability cases as well. With medical negligence being the basis of your claim, it means that you must be able to show both that a mistake was made, as well as that the medical treatment you received was below standard for the particular circumstances you were in. It can get complicated, but with a reliable legal team you have nothing to worry about.
#1: Medical Misdiagnosis
The leading cause of medical error is most likely misdiagnosis, with things like infections, tumors, heart attacks, heart disease, and pulmonary embolisms being the most common conditions that get misdiagnosed. A main situation where misdiagnosis occurs is when there is a complex of symptoms, and not just one cause. The consequences of misdiagnosis can be fatal; it can lead to greater pain and suffering, the worsening of serious conditions, and even the patient’s death. Misdiagnosis qualifies as malpractice because it can prevent a patient from getting the treatment they actually need, or, on the other hand, it can lead to patients receiving treatments they don’t actually need. If you plan on bringing forward a medical misdiagnosis suit, you’ll need another doctor to provide expert testimony why the treatment that was conducted was incompetant and misdiagnosed. Be aware that not all misdiagnoses qualify as medical malpractice. Malpractice only occurs when the doctor fails to provide a diagnosis and/or treatment according to the general standards of what other doctors would prescribe. If you would get similar treatment, regardless of what doctor you went to, it’s not likely going to legally qualify as medical malpractice.
Similar to misdiagnosis is a delayed diagnosis. This is when a doctor incorrectly diagnoses a patient but later provides the correct treatment. A delayed diagnosis can lead to symptoms unnecessarily getting worse before treatment. If a doctor fails to properly examine an X-ray or CT scan, for example, leading to a misdiagnosis, this may qualify as a delayed diagnosis.
Another similar version of medical malpractice is failure-to-treat. If the doctor currently diagnoses you but fails to act — usually due to the doctor having too many patients — this also may be a form of medical malpractice.
#2: Birth Injury
The first thing to distinguish with medical negligence regarding pregnancy and childbirth is the difference between birth defects and birth injuries. A birth defect is something that has nothing to do with a doctor’s actions, while a birth injury is the result of medical malpractice. Some of the most common types of medical malpractice injuries that occur during pregnancy or childbirth are:
- Excessive bleeding
- Cerebral palsy
- Fetal lacerations
- Hemorrhage during pregnancy or labor
- Unnecessarily long labor time, causing injury to mother and/or baby
- Spinal cord injuries
- Facial paralysis
- Brain damage
- And more…
It’s also important to point out that, even if everything goes smoothly with your pregnancy and delivery, it does not mean that medical malpractice has not occurred. If you believe your child may have been the victim of medical malpractice, reach out to The Law Office of Fredson Statmore Bitterman for your free legal consultation. You may be entitled to compensation for your medical expenses, rehab, physical pain, and more. Contact us now to schedule your free consultation.
#3: Surgical Errors
It is not uncommon for there to be surgical or anesthetic errors conducted during a surgery. A surgical error can lead to all sorts of complications such as uncontrolled bleeding or accidentally sewing medical equipment inside a patient’s body. Many of the most obvious forms of medical malpractice are surgical errors:
- A doctor operating on the wrong body part
- They accidentally injure another part of your body during surgery
- They don’t follow hygiene procedures and a patient gets an infection due to non-sterile equipment
- Providing inadequate care after surgery
Of all the types of surgical errors, one of the ones that can have the most serious consequences is a mistake conducted by an anesthesiologist. If they give you the wrong dose, fail to review your medical records, give you the wrong anesthesia, or fail to monitor your vital signs when administering it, it is likely a situation that qualifies as medical malpractice.
Surgical errors can lead to serious impacts on a patient’s quality of life. If a surgeon or anesthesiologist conducts medical malpractice, make sure you get the legal support you need. If you are in New Jersey, call Fredson Statmore Bitterman LLC today.
#4: Medical Product Liability
The last type of common medical malpractice we’re going to cover today is medical product liability. It is not only medical professionals who can conduct malpractice. If a medical device has been designed or created poorly, the manufacturer of that product can be held liable. If it’s the fault of the medical device and not user error, a medical malpractice lawsuit can be filed against the manufacturer. In particular, if the manufacturer was aware that the product was malfunctioning beforehand, they are liable to the victims. If you think you have had medical equipment used for your surgery or other procedure that was malfunctioning, consult with Fredson Statmore Bitterman LLC in New Jersey. We will examine all the facts of your case and determine whether or not malpractice has occurred.
Get the Compensation You Deserve
If you have been the victim of medical malpractice, you may be entitled to compensation for expenses and more. Make sure you speak with a medical malpractice attorney as soon as possible to help you make your case as strong as possible. Fredson Statmore Bitterman LLC has five decades of experience helping our New Jersey clients get fair, full compensation for their medical malpractice cases. If you or someone in your family has been injured or worse due to medical malpractice, contact our New Jersey medical malpractice attorneys today. Your first consultation is free, so call now!