Medical malpractice cases can arise when healthcare professionals fail to provide the standard of care expected from their profession, resulting in harm to the patient. Medical malpractice can happen in various forms, from surgical errors to misdiagnosis, and can lead to devastating consequences for patients and their families.

This blog will discuss the top 6 most common types of medical malpractice cases that are often brought to the attention of medical malpractice attorneys. It's important to note that not all medical mistakes lead to malpractice claims. A medical malpractice case only occurs when a healthcare provider's actions fall below the expected standard of care, causing harm or injury to the patient.

Understanding these common types of medical malpractice cases can help patients recognize when they may have been a victim of medical negligence and seek legal help if necessary.

Misdiagnosis & Delayed Diagnosis

Misdiagnosis and delayed diagnosis are two of the most common types of medical malpractice cases that a medical malpractice attorney might handle. Misdiagnosis occurs when a healthcare provider fails to correctly identify a patient's condition, which can lead to incorrect treatment or no treatment at all. Delayed diagnosis occurs when a healthcare provider fails to identify a patient's condition in a timely manner, leading to a delay in treatment.

Both misdiagnosis and delayed diagnosis can have serious consequences for patients, including prolonged illness, unnecessary treatments, and even death. For example, a misdiagnosis of cancer can lead to the patient receiving the wrong treatment, potentially causing the cancer to spread or become more advanced. Similarly, a delayed diagnosis of a heart attack can lead to irreversible damage to the heart muscle, which could have been prevented with timely treatment.

To prove a misdiagnosis or delayed diagnosis case, a medical malpractice attorney must show that the healthcare provider breached the standard of care. This means that the healthcare provider did not provide the level of care that another reasonable healthcare provider would have provided in the same situation. In addition, the attorney must show that the breach of the standard of care caused the patient's harm.

Medical malpractice cases involving misdiagnosis and delayed diagnosis can be complex and challenging to prove. They often require extensive medical knowledge and expert testimony to establish that the healthcare provider's actions fell below the expected standard of care.

Surgical Errors

Surgical errors are another common type of medical malpractice cases that a medical malpractice attorney might handle. Surgical errors can occur during any surgical procedure, from minor outpatient surgeries to complex operations. These errors can happen for a variety of reasons, such as miscommunication between medical staff, faulty medical equipment, or inadequate preoperative planning.

Surgical errors can have serious consequences for patients, including infections, organ damage, and even death. For example, a surgeon may operate on the wrong body part, leading to unnecessary pain and disability for the patient. In some cases, surgical errors can also cause permanent damage or disability, such as when a surgeon accidentally cuts a nerve or damages a vital organ.

To prove a surgical error case, a medical malpractice attorney must show that the healthcare provider breached the standard of care during the surgery. This means that the healthcare provider did not provide the level of care that another reasonable healthcare provider would have provided in the same situation. In addition, the attorney must show that the breach of the standard of care caused the patient's harm.

Failure to Treat

Failure to treat is another common type of medical malpractice case that a medical malpractice attorney might handle. Failure to treat occurs when a healthcare provider fails to provide the necessary medical treatment or fails to refer the patient to a specialist or another healthcare provider for further evaluation or treatment. This failure can occur for a variety of reasons, such as misdiagnosis, lack of knowledge or experience, or failure to follow established medical protocols.

Failure to treat can have serious consequences for patients, including worsening of the condition, prolonged illness, and even death. For example, a healthcare provider's failure to treat a bacterial infection with antibiotics can lead to the infection spreading throughout the body and potentially causing sepsis. Similarly, a healthcare provider's failure to refer a patient with a potential cancer diagnosis to an oncologist can lead to a delay in treatment and a worsened prognosis.

To prove a failure to treat case, a medical malpractice attorney must show that the healthcare provider breached the standard of care by failing to provide the necessary medical treatment or referral. This means that the healthcare provider did not provide the level of care that another reasonable healthcare provider would have provided in the same situation. In addition, the attorney must show that the breach of the standard of care caused the patient's harm.

In addition to seeking legal help, patients can also take steps to protect themselves from failure to treat. Patients should be proactive in their healthcare and ask questions about their treatment options and the expected outcomes. Patients can also seek a second opinion from another healthcare provider if they are not satisfied with the initial diagnosis or treatment plan. These steps can help ensure that patients receive the necessary medical treatment and prevent harm caused by medical malpractice.

Birth Injuries

Birth injuries are a particularly heartbreaking form of medical malpractice that can have lifelong consequences for the child and their family. Birth injuries occur when a healthcare provider's negligence or mistake during labor or delivery causes harm to the baby. These injuries can range from mild to severe and can include brain damage, cerebral palsy, Erb's palsy, and other types of physical and cognitive disabilities.

Birth injuries can occur for a variety of reasons, such as improper use of delivery instruments, failure to recognize and respond to fetal distress, or failure to perform a timely c-section. These errors can lead to oxygen deprivation, bleeding, and other complications that can harm the baby's health.

To prove a birth injury case, a medical malpractice attorney must show that the healthcare provider breached the standard of care during the labor and delivery process, and that this breach of care caused the child's injury. This can be a complex and challenging task that requires extensive medical knowledge and expert testimony.

The damages in a birth injury case can be substantial, including compensation for medical bills, ongoing care and therapy, lost wages, and pain and suffering. In addition, a successful birth injury case can help hold healthcare providers accountable for their negligence and help prevent similar harm from happening to other families in the future.

If you suspect that your child has suffered a birth injury due to medical malpractice, it's important to consult with an experienced medical malpractice attorney as soon as possible. Your attorney can review the medical records, consult with experts, and help you understand your legal options. It's important to act quickly, as there are strict time limits for filing a medical malpractice lawsuit.

Prescription Drug Injuries

Prescription drug errors are a type of medical malpractice that occurs when a healthcare provider prescribes the wrong medication, the wrong dosage, or fails to consider the patient's medical history, resulting in harm to the patient. Prescription drug errors can be caused by a variety of factors, including miscommunication between healthcare providers, lack of knowledge or experience, and inadequate supervision.

Prescription drug errors can have serious consequences, such as adverse drug reactions, overdoses, or drug interactions. These errors can also worsen a patient's condition, delay recovery, or cause new medical problems. In some cases, prescription drug errors can even be fatal.

To prove a prescription drug error case, a medical malpractice attorney must show that the healthcare provider breached the standard of care by prescribing the wrong medication or dosage, or failing to consider the patient's medical history. The attorney must also demonstrate that the breach of care caused the patient's harm.

Anesthesia Errors

Anesthesia errors are a type of medical malpractice that can occur during surgical procedures or other medical treatments that require sedation or anesthesia. These errors can occur when an anesthesiologist or other healthcare provider fails to administer the correct amount of anesthesia or fails to monitor the patient's vital signs during the procedure. Anesthesia errors can have serious consequences, including brain damage, respiratory failure, and even death.

Anesthesia errors can occur for a variety of reasons, such as inadequate preoperative evaluation, incorrect dosage calculations, or inadequate monitoring during the procedure. Anesthesiologists and other healthcare providers have a duty to adhere to a specific standard of care when administering anesthesia, and any deviation from this standard of care can be considered medical malpractice.

To prove an anesthesia error case, a medical malpractice attorney must demonstrate that the healthcare provider breached the standard of care by failing to administer anesthesia correctly or monitor the patient's vital signs adequately. The attorney must also show that the breach of care caused the patient's harm.

Anesthesia error cases can be complex and challenging to prove. They often require expert testimony from anesthesiologists who can establish the expected standard of care and how the healthcare provider in question fell short of that standard. It is essential to seek the help of an experienced medical malpractice attorney who can navigate the legal complexities of your case and advocate for your rights.

Daytona Beach Medical Malpractice Attorneys

If you or a loved one has been a victim of medical malpractice, it's essential to seek the help of an experienced attorney who can advocate for your rights and help you obtain the compensation you deserve. At Vasilaros Wagner, we have a team of experienced medical malpractice attorneys ready to serve you. Our attorneys have a deep understanding of the medical field and the legal complexities involved in medical malpractice cases. We work tirelessly to investigate and build strong cases for our clients, and we have a proven track record of success.

If you believe you may have a medical malpractice case, don't hesitate to contact us for a free consultation. We will review your case, answer any questions you may have, and provide you with an honest assessment of your legal options. We understand the emotional and financial toll that medical malpractice can take on your life, and we are committed to fighting for your rights and helping you obtain the justice and compensation you deserve. Contact us today to schedule your free consultation.