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Most Common Types of Medical Malpractice Claims

Nov 29, 2016 | Medical Malpractice

As per a report issued by Journal of the American Medical Association, medical negligence is said to be the third leading cause of untimely deaths in the United States, right behind heart disease and cancer. Additionally, according to the 2016 medical malpractice payout analysis by Diederich Healthcare, malpractice payouts increased for the third year in a row in 2015. Payouts across the US totaled $3.95 million, which is an increase of 1.68% from 2014.

When people think of medical malpractice, surgical errors are usually what come to mind. However, there are a large number of other treatment errors that could result in a valid medical malpractice lawsuit.

What are the Most Common Forms of Medical Malpractice?

Here is a look at some of the most common types of medical malpractice that can lead to a malpractice claim or lawsuit.

Prescription Drug Errors: Although pharmaceutical treatment of diseases and conditions is known to bring on a few anticipated side effects, incorrect or improper prescriptions can still be the basis for a medical malpractice lawsuit or claim.

The standard of care demands that medical professionals, offering treatment use drugs that are appropriate for the treatment of a given condition. If a doctor makes a mistake in prescribing medication to a patient and causes harm, it means that the standard of care has been violated. It is important to keep in mind that if the patient does not suffer an actual injury, a prescription drug claim will not stand.

Misdiagnosis: While some diseases and conditions can masquerade as common illnesses, the standard of care may not provide physicians with the benefit of the doubt when they make a diagnosis. Cases involving misdiagnosis are common when a doctor misses cancer, or when they misdiagnose a chronic condition or life-threatening disease as a less serious one and the condition of the patient gets worse in the meantime.

It can be difficult to prove a misdiagnosis case due to medicine’s uncertain nature and nothing is a "sure thing." One of the most common scenarios in misdiagnosis is diagnosing cancer as a common illness or improperly diagnosing or treating a patient for cancer.

Surgical errors and failure to treat are other common forms of medical malpractice. These occur frequently and if you have an injury and enough evidence, you can file a malpractice claim or lawsuit against the negligent medical professional. However, it is important to always keep in mind that medical malpractice cases are complex and need proper investigation, evidence, expert testimony, etc. and they may take a long time to resolve. Having a qualified and experienced attorney is key to winning such cases.

Your First Response

If you or a loved one has been harmed or injured due to medical negligence, you should immediately seek the counsel and help of the medical malpractice attorneys at RMFW Law at 212 697 9280. We know this arena well. We know how to win cases and we know which direction to take this case if you have one.

You need to stop asking the hospital or clinic for help since they are not going to help improve your case or your odds in successfully suing them. They used to be on your side, they no longer are. RMFW Law is on your side – that is for sure if you have a viable case. Call us today to determine what happened. The first meeting is free. You pay us nothing up front. In fact, you pay us nothing at all since we only take a percentage of the verdict or settlement. Make the call at 212 697 9280.