What kind of cases fall under medical malpractice?

As a lawyer, I can provide legal advice on medical malpractice cases. Medical malpractice is a legal term used to describe situations where a healthcare provider or medical facility deviates from established standards of care in a manner that leads to injury or harm to a patient.

There are several types of cases that fall under medical malpractice, including but not limited to:

1. Misdiagnosis or delayed diagnosis: When a healthcare provider fails to diagnose a condition in a timely manner, or provides a wrong diagnosis entirely, causing the patient to experience harm.
2. Surgical errors: When a healthcare provider commits an error during a surgical procedure, such as performing the wrong procedure, operating on the wrong body part, or leaving behind medical equipment inside the body.
3. Medication errors: When a healthcare provider prescribes, administers, or dispenses the wrong medication, dosage, or frequency to a patient, leading to injuries or adverse effects.
4. Birth injuries: When a healthcare provider fails to monitor the health of the mother and child adequately during childbirth, leading to injuries or medical conditions in the infant.
5. Anesthesia errors: When a patient experiences complications from an anesthesia procedure, including over-sedation, improper administration, or adverse reactions.

It is important to note that not all instances of medical malpractice lead to a successful lawsuit. To have a valid medical malpractice case, the plaintiff must establish four elements:

1. Duty of care: The healthcare provider had a legal obligation to provide competent and appropriate medical care to the patient.
2. Breach of duty: The healthcare provider failed to provide the standard of care that is expected of them.
3. Causation: The patient's injury or harm was caused by the healthcare provider's breach of duty.
4. Damages: The patient experienced physical or financial harm as a result of the healthcare provider's breach of duty.

If you believe that you or a loved one has suffered an injury or harm due to medical malpractice, it is important to seek legal counsel promptly. A qualified medical malpractice attorney can help review your case, determine whether you have a valid claim, represent you in court, and ensure you receive the compensation you deserve.