6 Common Types of Medical Malpractice
There are 6 common types of medical malpractice to fully understand in order to successfully file a claim. It’s important to be prepared by reading the California requirements, and why hiring an attorney is ideal.
Learn all the details here.
The Common Types of Medical Malpractice
Doctors and medical personnel go through heavy schooling and hands-on training to make sure they meet their ultimate goal of preserving human life. But they are not perfect. Doctors may have the knowledge and skill, but they are not computers – they come with human error. Some of these errors are truly accidents. Others are due to negligence.
If you have been a patient of a doctor who has erred in one way or another, then you may have the legal right to receive compensation. To determine if you may have a case, let’s look at the 6 common types of medical malpractice, the requirements to file a claim in California, and the benefit of having an attorney guide you through the process.
1. Misdiagnosis or Delayed Diagnosis
Medical malpractice due to misdiagnosis occurs when the doctor examines the patient but does not diagnose the correct illness. Maybe the doctor didn’t find anything wrong or maybe the doctor gave the wrong diagnosis. By not diagnosing properly, the patient is unable to receive the necessary treatment. Or, if diagnosed improperly, the treatment received would have been done so unnecessarily.
Delayed diagnosis is like misdiagnosis. This occurs when the doctor gives the wrong diagnosis but later determines the correct diagnosis. The lapse in time may have caused the condition to get worse.
2. Prescription Medication Errors
Patients are prescribed medications and expect that what they receive on the script and from the nurse or pharmacy is what they should be taking. The patient is putting full trust in the professionals. Medication errors can come at the hands of the doctor prescribing it, the nurse who administers it, and the pharmacists who hand out the wrong medication.
3. Childbirth Injury
Childbirth injuries or errors are, by far, the most painful. New parents are putting their trust in their medical team to provide them with a healthy delivery and the best care for this new little life. When negligence happens, the death of the mother and the baby is a risk.
This type of malpractice can happen in different ways. The OB-GYN may have not provided satisfactory prenatal care or negligence during the birth could cause injuries to the baby and/or the mom. The reason these are the most painful is that not only are you talking about injury involving a mom’s new baby but also many of these injuries can lead to lifelong issues – which can be very costly.
4. Surgery Errors
There are many different types of errors that occur during surgery – and later find themselves to be malpractice suits. For example:
- Performing the wrong procedure or an unnecessary one.
- Administering the wrong dose of anesthesia.
- Causing damage to other nerves, organs, and tissues during surgery.
- Leaving surgical tools inside the body.
- Not properly sterilizing surgical tools.
Depending on the error, this type of malpractice can cause serious injury to the person and impact their quality of life.
5. Medical Product Liability
There are many companies out there that manufacture the equipment that doctors use for all sorts of procedures. If something goes wrong with the equipment during a surgical procedure or after – and it can be determined that the product was poorly designed – there could be a case.
Faulty medical products often cause injury to many people before their defects are unmasked.
6. Failure to Treat
Failure to treat is when a doctor provides the right diagnosis but fails to move forward with the right steps to treat the condition. Or maybe even releasing the patient too soon. This is often encountered with doctors who are dealing with exhaustion from being overworked seeing too many patients.
Requirements to File a Claim in California
In California, there are a few requirements that need to be met for a medical malpractice claim to be filed. Just to name a few, these actions may be brought against:
- Doctors
- Nurses
- Clinics
- Psychologists
- Chiropractors
- Hospitals
- Clinics
- Laboratories
- Anesthesiologists
Before filing a claim against these medical professionals, you must make sure you meet the following requirements.
Statute of Limitations
If you have been the victim of medical malpractice, you must move forward with filing an action promptly – within 3 years after the injury or death or 1 year after the injury is discovered. Although, there are exceptions, such as proof of fraud, intentional concealment, or presence of a foreign body inside the injured person.
Notice of Intent
Before filing a medical malpractice lawsuit, the notification must be sent to the doctor, hospital, or other healthcare professional. This must be done at least 90 days before filing. This notice must contain the following:
- Legal basis of the claim
- Type of loss sustained
- Nature of the injuries
Cap on Damages
Seeking non-economic damages in a medical malpractice suit is capped at $250,000.00. Though it should be noted that there is no cap on economic damages that may be sought.
Attorney Fee Limits
Contingency fees are typically how attorneys get paid. This arrangement in a medical malpractice suit in California has limits. Here is the fixed fee structure:
- 40% of the first $50,000
- 33% for $50,001 – $100,000
- 25% of $100,001 – $600,000
- 15% of any amount over $600,000
Hire an Attorney
Attorneys who are experienced in the field of medical malpractice know that there are certain things you need for a medical malpractice lawsuit to be successful – violating the standard of care, negligence caused an injury, and the damages that result are significant.
An experienced attorney will be able to review your situation and make sure that you meet these steps, as well as the requirements set forth by the state of California. If you have a case, many steps need to be taken care of when filing a claim. Your lawyer will be able to lead you through the entire process.
If you have experienced medical malpractice in the form of misdiagnosis, delayed diagnosis, childbirth injuries, surgery errors, prescription medication errors, failure to treat, or medical product liability – hire an attorney to make sure you get the compensation you deserve.
Are you in search for a certified attorney to represent you?
Let us help you find one today!