Common Examples of Medical Malpractice
Medical malpractice is the result of a medical provider doing something incorrectly and hurting a patient. This blanket term covers all types of medical mistakes. Once you contact us and retain our services, you will have the legal guidance you need to bring your claim against an individual medical practitioner or an entire medical group.
To name some of the more common types of medical malpractice that result in claims:
- Failure to diagnose: Doctors have the responsibility of recognizing symptoms as signs of a patient’s overall injuries and illnesses. One of the most common types of medical malpractice is when a doctor does not identify those symptoms due to a lack of thorough diagnostic testing, so no diagnosis is ever given. In some situations, a doctor makes a diagnosis, but it is inaccurate, which can be more problematic than not diagnosing an issue at all.
- Surgical errors: In the operating room, surgeons and assistants need to be at the top of their practice to ensure the wellbeing of their patients. A single mistake in surgery can be devastating or even life-threatening. A common surgical error is leaving a surgical instrument inside the patient, such as a piece of gauze or even small tools.
- Prescription errors: Pharmacists can cause serious injuries to people by making mistakes when filling out a prescription. Giving the wrong medication to a patient can trigger dangerous side effects. The same is true if a patient is given the wrong dosage amount of the correct medication.
- Anesthesia errors: Anesthesiologists must be precise when administering anesthesia to patients undergoing different procedures. Too much anesthesia can be deadly, and too little can cause a patient to wake up during surgery or feel pain at the surgical site. Either situation can cause a lifetime of trauma.
- Birth injuries: A doctor’s mistake before, during, or shortly after a baby is born can cause permanent injuries and disabilities to that baby. Birth injuries can range from brain issues like cerebral palsy (CP) to limb and joint issues like neonatal brachial plexus palsy (NBPP).
Medical providers, hospital groups, and insurance companies alike often fight medical malpractice claims with as many resources as they can muster. They know that a payout to a plaintiff could easily reach six- or seven-figures, which is not an amount they want to pay. With the opposition sure to put up a fight, and with all of the laws surrounding medical malpractice claims being inherently intricate, it is crucial that you team up with an attorney as soon as you can.
Call (701) 402-6644 to connect with our medical malpractice lawyers in North Dakota, Minnesota, and Montana. Thanks to our various legal backgrounds and experience, we are equipped to evaluate your medical malpractice claim, so do not hesitate to reach out to us right away.
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A successful medical malpractice claim can help you find peace of mind in knowing that a doctor’s mistakes have been identified. You can even help protect future patients from suffering similar injuries under the same circumstances by holding a medical provider accountable. Yet there is no denying that the root of your claim – and what is probably most important to you – is the money you are owed for the medical provider’s mistakes that caused you harm and hardship. Our medical error attorneys understand as much, which is why we are so tenacious when it comes to securing every last penny of compensation you are owed.
Medical malpractice claims may have strict damage caps on noneconomic damage that can be awarded. For example, in North Dakota, there is a $500,000 damage cap for noneconomic damage payments, like those for your pain and suffering. We will work diligently to make certain you are provided as much compensation as possible, up to your state’s damage cap if applicable. Many states also have additional requirements for medical malpractice claims, such as strict requirements for an expert witness to support your claim.
The damages in your medical malpractice claim could include:
- Past medical costs related to the treatments that ended up hurting you or that failed to treat your ailments.
- Future medical costs for new care to treat the harm caused by the defendant’s mistakes.
- Wages you were unable to earn due to your injuries or illness preventing you from working.
- Future wages you cannot earn due to new disabilities that limit your income capacity.
- Money paid as noneconomic damages for your undue pain, suffering, and hardships.
Our attorneys have more than 150 years of combined legal experience. During that time, they have made it their mission to provide exceptional legal service, consistent with the firm's long history of helping people.
Four Elements of a Medical Malpractice Claim
Medical malpractice claims have notoriety among legal professionals for being incredibly complex cases that are always challenged by intense insurance defense teams. In order for a claim to even be considered by a court, four prerequisites or elements of medical malpractice must be met.
The four elements of a medical malpractice claim are:
- Duty: The defendant must have owed a duty of care to the plaintiff or claimant as their medical provider in a doctor-patient relationship.
- Deviation: The medical provider must have deviated from acceptable standards of medical care. If the medical provider did not act in the same way that another medical professional would have reasonably acted in the same situation, then it can be considered an unacceptable deviation, breach of the standard of care.
- Cause: The deviation from normal care must be the cause of the plaintiff’s new injury or continued suffering.
- Damages: The plaintiff must have experienced some sort of damage as a result of the defendant’s mistake or error. Damages can be as concrete as additional medical bills and lost wages, or as abstract elements like emotional trauma and physical pain.
Meeting the four prerequisites of a medical malpractice claim is often a challenge. Do not try to piece together these important elements on your own when you should be recovering. Instead, let our North Dakota, Minnesota, and Montana medical malpractice attorneys do that for you by retaining our legal representation as soon as you think your medical provider’s “care” has done more harm than good.
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