Medical Malpractice and Personal Injury

by JRO on November 20, 2012

While not all personal injury cases are classified as medical malpractice, all medical malpractice cases fall under personal injury law.  If you have been injured in surgery or because of a physician or medical professional’s negligence, you may have a medical malpractice personal injury case.  As a victim of medical malpractice, you may be facing a number of different living expenses and medical expenses that you cannot afford to cover.  Because doctors and medical professionals are held to high standards of care, you do have the right to be compensated for your injuries and your pain if suffering if you have a case.  Read on to find out what different types of cases can be classified as medical malpractice and who may be considered liable for these personal injury cases.

Types of Medical Malpractice Cases

There are thousands of medical malpractice personal injury claims filed each and every year.  These cases are filed as insurance claims or as civil lawsuits depending on the types of errors that are made and whether or not the professional had medical malpractice insurance.  Typically speaking, medical malpractice falls into one of four types of cases.  These case types are as follows:

Prescription Drug Errors

Prescriptions drugs can alleviate pain and help individuals cope with sicknesses and diseases.  But they can also be very dangerous when the patient is given the wrong dosage or a bad mixture of drugs.  If a prescription drug error causes you, as a patient, some type of harm, you may have a medical malpractice case for your injuries.  Not only are doctors who prescribe medications expected to exercise caution when prescribing drugs, they are also expected to review the patient’s medical records to look out for bad mixtures.

Cosmetic Surgery Errors

Just because cosmetic surgery is an elective surgery does not mean it does not fall under medical malpractice when errors are made.  If a cosmetic surgeon makes errors while the patient is under the knife, the patient does have the right to sue if the surgeon did not follow the standard of care.  While patients can seek compensatory damages, juries are generally not sympathetic to plaintiffs when filing this type of malpractice claim.

Diagnosis and Surgical Errors

Misdiagnosis, late diagnosis, and failure to diagnose at all can be classified as medical malpractice if the error is one that a competent doctor would not have made.  Surgical errors are also very common, where the surgeon will damage an organ, tissue, or a nerve causing long-term damage.  In either case, the patient must prove that the average doctor would not have made the same error.

Birth Injuries

Because both a baby and mother can be injured, birth injury cases tend to be the most serious.  Birth injuries can be caused before, during, and after the birthing process.  Some common injuries include fractures, brain damage, cerebral palsy, and brachial plexus.

Who May Be Held Liability for Injuries?

who is held liable for your injuries depends on your own personal case.  Here are some professionals who can be listed as a defendant in a medical malpractice case:

*  Doctors and physicians

*  Nursing staff

*  Healthcare professionals

*  Pharmacists

*  Prescription drug companies, manufacturers, and marketers

*  Hospitals and other medical facilities

If you are not sure if you have a case, meet with a personal injury lawyer specializing in medical malpractice to discuss your case. Medical malpractice attorneys will investigate your case, find medical expert witnesses, and help you get the compensation you deserve.


This article was composed by Ty Whitworth for the team at life insurance for veterans




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