The Most Common Examples Of Medical Malpractice

Anytime a person suffers an injury as a result of a physician’s care, there’s a question as to whether or not medical malpractice occurred. In short, medical malpractice happens when a healthcare provider (an individual or a facility) fails to provide reasonable care to their patient. This includes making a decision or taking an action that the provider knows could result in injury to the patient. The patient must be injured as a result of the action or inaction.

Not all medical injuries qualify as medical malpractice, however. In some cases, the provider made an honest mistake or acted improperly but the action did not lead to injury.

Examples of Medical Malpractice

Medical malpractice stems from negligence. The provider was somehow negligent in providing an acceptable level of care, also known as a duty or standard of care, and as a result, the patient was injured. It can happen in any medical discipline from cardiology and obstetrics to dentistry and psychology.

The most common examples of medical malpractice include:

  • Anesthesia errors
  • Childbirth injuries
  • Delayed diagnosis
  • Lab errors
  • Medication errors
  • Missed or Misdiagnosis
  • Poor follow-up or aftercare
  • Premature discharge
  • Surgical errors or unnecessary surgery

Meet With A Medical Malpractice Attorney To Discuss Your Options

Medical malpractice takes many forms and there are many degrees of negligence, recklessness, and injury. These factors all make it very important for injured patients to meet with a qualified medical malpractice attorney before attempting to bring forth a lawsuit. Sometimes, what a patient considers malpractice, the law does not. At other times, there isn’t a clear cause and effect relationship between the care received and the injury. At still other times, the damages sustained are not serious enough to be considered medical malpractice, but may be considered medical negligence instead.

The Beregovich Law Firm is a personal injury firm with offices in Orlando and Miami, Florida dedicated to helping individuals and families recover financially from devasting injuries, including medical malpractice. Our medical malpractice attorney, Andres Beregovich, represents clients from all walks of life and at all income levels to ensure they receive the justice they deserve. Our firm represents clients against healthcare providers who carry medical malpractice insurance as well as those who do not carry the insurance.

If you think you or a loved one has been injured due to medical malpractice, contact The Beregovich Law Firm at (800) 631-9009 or email us to schedule a consultation.

What Is Considered Medical Malpractice?

Medical malpractice lawsuits arise after a person has been injured as a result of the care they received or, in some cases, did not receive from a physician, healthcare provider, hospital, or clinic. The key component in medical malpractice suits is that the injury was caused through a negligent act or omission on behalf of the healthcare provider.

3 Criteria of Medical Malpractice Lawsuits

In order to be considered medical malpractice, the claim must meet 3 criteria:

  • There was a violation of the standard of care or duty of care. Every healthcare provider has a duty to provide care that is recognized by the profession as standard medical treatment by peers in similar circumstances. This is also known as the “standard of care”. Patients have a right to expect a certain standard of care will be provided. In general, a violation of the standard of care occurs when the provider knew he/she should have done something to treat the patient, but chose not to, despite knowing the action could cause harm to the patient.
  • An injury resulted from the negligence. There must be an injury for a medical malpractice claim to proceed and patients must prove that the care they received caused the injury. Patients must prove cause and effect. An injury without negligence or negligence without injury are not grounds for a case.
  • The injury resulted in significant damages. Medical malpractice cases are complicated and expensive to litigate. For practical reasons, the patient must have sustained serious damage from the injury otherwise there’s a chance that it will be more expensive to pursue the case than what can be recovered. Serious injuries typically result in loss of income, disability, unusual pain and suffering or hardship, or significant medical bills.

Not Every Situation Is Medical Malpractice

Keep in mind that not every undesirable medical outcome can be considered medical malpractice. Sometimes, despite a physician’s best efforts, bad outcomes just cannot be prevented. Consultation with a qualified medical malpractice attorney is the best way to determine if you are dealing with a medical malpractice situation, medical negligence, or just plain bad luck.

Our Florida medical malpractice attorney will evaluate the facts of your situation to determine the most appropriate course of legal action. Contact The Beregovich Law Firm at (800) 631-9009 or email us to schedule your consultation.