What Is Considered Medical Malpractice?

Medical errors are the third leading cause of death in the U.S. It’s a scary statistic, but it’s an issue that impacts not just individuals but also their families and the healthcare system as a whole. 

With the frequency in which lethal medical malpractice incidents occur, the need for legal protection is absolutely essential. If you or a loved one suffered an injury or worse at the hands of a medical provider, it’s imperative that you speak with a trusted medical malpractice attorney right away.

At the Doctor Lawyer Firm, we specialize in representing clients who have been a victim of medical negligence. We will make sure that you receive the legal counsel you deserve. And we will fight for your rights and strive to get you the maximum compensation for your injury.

It’s important to know that medical malpractice can take on many forms. So it’s understandable if you’re confused about what is actually considered medical malpractice. Let’s talk more about the different types of this negligence so that you are more confident in your lawsuit.

When you’re ready to discuss your options and rights as a victim, give us a call at the Doctor Lawyer Firm. Our medical malpractice attorney team will be happy to arrange a consultation with you.

Medical malpractice is the negligent or wrongful treatment of a patient by a healthcare provider. Healthcare providers are bound by a Duty of Care which can be broken if they act in a negligent manner or if they fail to act when they should have. 

If a healthcare provider breaches this duty in a way that causes harm to you or someone you know, you may be able to sue them for compensation.

There are a number of different conditions that qualify as medical malpractice. The following are just a few of the most common examples. 

Healthcare providers cannot use excessive force when dealing with you. For example, they cannot maliciously inject you with a needle full of the wrong medication, nor can they negligently give you an injection that may give you an infection.

Medical practitioner error is one of the most common types of medical malpractice. This occurs when a doctor, nurse, or other medical professional fails to provide adequate treatment and care for a patient. For example, if a doctor misses a diagnosis or fails to order necessary tests and procedures, they are committing medical practitioner errors.

Medication errors can come in a couple of different forms. For instance, one type of medication error is when a medical provider prescribes the wrong kind of medicine to a patient or the incorrect dosage of medicine, thus resulting in injury or death.

The other type of medication error is when a pharmacist administers the wrong kind of medication to the patient. The patient then takes the medication as prescribed, thinking they are taking what the doctor ordered. 

A diagnostic error is a mistake made by the doctor who is supposed to be diagnosing a patient’s illness. Diagnostic errors are often made when the physician does not have enough background knowledge about the patient or when they have never seen this type of illness before. 

The injury could also be caused by a doctor misinterpreting test results or even something as simple as an incorrect diagnosis, where the medical practitioner diagnoses the patient with something they don’t actually have. As a result, the patient suffers even greater harm due to a lack of proper care.

Medical device malfunctions are caused by a defective medical device or an error in how the device is used. A malfunction could be due to either a design flaw or a manufacturing defect. Medical devices range from intravenous (IV) catheters to IV pumps to surgical instruments and include anything with a moving part that comes into contact with a patient’s body.

If you’ve been the victim of medical malpractice, the first step is to contact a medical malpractice attorney. They can help you determine if you have a case, provide you with legal guidance, and make sure your rights are protected throughout the process.

If you’re able to collect enough evidence to support your claim that a healthcare provider acted negligently, you may be able to prove medical malpractice. The following are some things you can do to help prove your case.

1. Take detailed notes while at the healthcare facility. This includes the names of everyone you see and the dates of service.
2. Keep accurate records of your health. This should include any symptoms that you experience, as well as any appointments or tests that you have.
3. If possible, take pictures of any injuries and make copies of records and reports to have on hand.

Try to give your medical malpractice attorney as much evidence as possible to work with. While it’s likely that not everything will be used in building your case, the more you come equipped with, the better.

Medical negligence is a very real and serious threat to the general public’s health. As the third leading cause of death in the United States, it’s clear that medical error isn’t something to ignore. 

We invite you to contact our medical malpractice attorney team here at the Doctor Lawyer Firm if you or someone you know suffered injury or death because of such negligence. Contact our office today at 1-833-MedMals or complete this contact form to get started.

The information in this blog post is for reference only and not legal advice. As such, you should not decide whether to contact a lawyer based on the information in this blog post. Moreover, there is no lawyer-client relationship resulting from this blog post, nor should any such relationship be implied. If you need legal counsel, please consult a lawyer licensed to practice in your jurisdiction.