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What type of cases fall under medical malpractice?

Medical Malpractice

Medical malpractice pertains to a type of personal injury lawsuit wherein a medical professional is being sued for negligently providing medical treatment or care to their patient, which results in further injury, harm, or even death. The specific cases that fall under medical malpractice are varied but primarily involve the following areas:

  1. Misdiagnosis or failure to diagnose – This happens when a medical professional fails to identify or accurately diagnose a patient's medical condition, leading to a delayed or incorrect treatment, and resulting in further harm or injury.
  2. Surgical errors – This happens when there are errors in performing a medical procedure, such as performing the wrong surgery or operating on the wrong body part.
  3. Anesthesia errors – This includes errors in administering anesthesia or medication, such as improper dosages or failure to monitor the patient properly during the procedure.
  4. Medication errors – This includes errors in prescribing, administering, or monitoring prescription drugs, such as prescribing or administering the wrong medication or dosage or failing to monitor the patient's reaction to the medication.
  5. Birth injuries and delivery room errors – This pertain to negligence or errors committed during childbirth, such as failing to identify fetal distress, using excessive force during delivery, or causing harm due to improperly using instruments.
  6. Informed consent – This pertains to a medical professional's failure to adequately inform a patient of the risks and benefits of the treatment or procedure, and failing to obtain informed consent before proceeding.

It is important to note that medical malpractice cases are highly fact-specific, and the specific details and circumstances of a case will determine whether the medical professional is liable for damages in a malpractice suit. Additionally, there may be limitations to pursuing a medical malpractice suit, such as statute of limitations, which vary from state to state. It is advisable to consult with a licensed attorney to determine the specifics of a particular case and identify any potential limitations or exceptions to pursuing a medical malpractice suit.