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Types of Medical Malpractice Claims

Mistakes are undeniably inevitable, but in some situations, a single mistake can be life-threatening. Medical malpractice is one such situation, causing hundreds of thousands of deaths per year in the US alone. In most cases, patients end up suing their former physicians.

However, it can be tough to win these types of lawsuits, especially since proving there was an error isn’t typically enough to confirm liability. So, before you go to court and file a lawsuit against your former doctor, it’s best first to identify what counts as medical malpractice.

Most Common Types of Medical Malpractice Claims

Medical malpractice is defined as a healthcare professional’s failure to provide the appropriate treatment that meets the established standard of care. This often results in injuries and damages to the patients that can affect their whole lives. In many cases, it can even result in death.

However, what actually counts as medical malpractice? Here are some of the most common types.

Delayed Diagnosis or Misdiagnosis

Even with their expertise and experience in the field, doctors may sometimes fail to accurately identify and recognize a condition, leading to delayed or wrong diagnoses. In turn, these can sometimes lead to the patients’ worsening conditions or death. 

For example, a delayed diagnosis of cancer can result in the condition progressing to an advanced stage, making it more difficult or impossible to treat. However, medical malpractice victims will need to establish that a more competent doctor would have correctly identified the condition for these types of claims. 

In such cases, testimonies from medical experts can help establish this claim. If you’re working with an experienced Chicago medical malpractice lawyer, they can help you find the proper witnesses to support your case.

Failure to Treat

This type of medical malpractice claim means that a doctor violated the standards of care required when they accepted the patient’s case. In this case, the physician failed to give the appropriate treatment to the patient, resulting in further injuries or even death.

For example, this error occurs when the physician releases the patient sooner than what’s actually necessary, fails to order the necessary tests, or fails to provide clear instructions regarding their treatment. 

Procedural or Surgical Errors

Many medical errors occur during surgical procedures, with some errors being considered “never events.” These errors are considered non-negotiable, meaning they should never happen, regardless of the situation.

Surgeries are delicate procedures, which is why doctors have the responsibility to ensure that any potential errors are minimized. Some examples of these types of errors include the following:

  • Performing the wrong procedure on a patient
  • Performing surgery on the wrong body part
  • Failure to follow all the necessary protocols before, during, and after the procedure

Prescription Errors

Prescribing the wrong medication can result in further injuries to the patient, which can be as minor as mild allergic reactions to significant ones like death. Therefore, physicians are responsible for ensuring that patients receive the correct type of medicine to treat their conditions.

Birth Injuries

Failure to provide the necessary care before, during, and after childbirth can result in significant injuries to the mother and their child. Some of these injuries include improper use of birthing equipment like forceps, failure of the physician to recognize the need for C-sections or fetal distress, and mishandling the baby during and after the birth.

Medical Malpractice Lawyer in Chicago: How They Can Help

If you or someone you know are suffering from significant damages or injuries due to a medical error, hiring a medical malpractice lawyer in Chicago can be a good idea. They can help you identify if there has been negligence and gather the necessary information and evidence to support your case.

They can also guide you throughout the process, including finding medical experts who can testify on your behalf. Lastly, they can help you work out the necessary compensation for the injuries and damages you sustained due to the medical error.