All You Need to Know About Malpractice Claims

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No doubt, the healthcare industry is responsible for providing the best quality care to patients. Every individual, at least once in a life, has to go through medical treatment. The type of treatment may vary from patient to patient, depending on the severity of illness or an injury.

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You or your loved one might have put all your trust in the medical team of experts to offer you the best care. However, at times, things don’t go the way you expected. You might not even realize, but you might have experienced medical negligence. Moreover, did you know medical malpractice is the third-leading cause of death in the USA? Unfortunately, for most people becoming a victim of medical negligence seems like some bizarre notion. The truth, however, is it happens more frequently now in the medical industry than ever.

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Must Read: How to Find the Lawyer for Mesothelioma Lawsuits

However, after diagnosing a severe illness or an injury of your loved one, the last thing you probably want is to become a victim of medical malpractice. While we wish you never experience malpractice, you must know the complexities of such cases even if you do. The below guide can help you understand what precisely medical malpractice is and what steps to consider if you ever become a victim of it:

Types of medical malpractices

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Are you feeling hurt because the medical team failed to provide the proper treatment to your loved one? No worries, you can file a claim against them and set them accountable. However, before understanding the nitty-gritty details of medical malpractice lawsuits, let’s delve into the most common types of medical negligence:


The most typical type of malpractice is the failure to diagnose the illness of a patient. For instance, your loved one might be suffering from mesothelioma due to asbestos exposure. However, the delayed or misdiagnosis of the patient’s cancer can cause catastrophic consequences. The incompetence of the medical team to timely diagnose the proper condition can delay in getting the appropriate treatment, might even lead to the death of a patient. In such a case, you can file a lawsuit against both the medical team and the company. That way, your attorney can get you the best compensation you deserve.

Childbirth injuries

Due to failure in compliance with standard procedures, many professionals have caused newborns to suffer lifelong injuries. Their medical errors can either harm the mother or fetus and sometimes, both. Some common childbirth injuries from medical negligence may include cerebral palsy, nerve damage, fractured bones, spinal cord injuries, etc. In some situations, physicians fail to order a caesarian when needed or use proper forceps.

Surgical errors

Another most apparent yet dangerous type of medical malpractice is surgical errors. In this type, a doctor usually operates at the wrong location in a body or may puncture a particular vessel or body part during surgery. In addition, chances are the nurse or even the surgeon forgot to take out a surgical instrument from the patient’s body, causing more infections and complications. Or the worst-case scenario, the anesthetist failed to assess the patient’s vitals and might give the wrong amount of anesthesia, resulting in permanent brain damage or death.

Now that you are well aware of different types of medical malpractices; it’s time to learn what should be your next steps:

Figure Out Whether You Or Your Loved One Is A Victim Of Malpractice

Let’s be honest; just because you or your loved one had to go through an unfortunate event in a medical procedure doesn’t necessarily mean malpractice. Sometimes, a doctor diagnosis the actual patient’s condition and also starts with the correct treatment procedure. Things may not go as per the plan as the patient’s condition unexpectedly gets worst. In that case, you can’t file a claim against the healthcare professional team about malpractice. Moreover, if you wish to hire an attorney to file your lawsuit, you need to have proper health records and proof to claim your case. However, if a doctor acts recklessly during job hours, such as operating under the influence of drugs or providing below-par care to the patients, it might be a red flag.

How You Can Prove Medical Malpractice Claim

Once you are sure that you and your loved one are victims of medical negligence, ensure you collect the necessary proofs to make your case strong. After all, no attorney or court will believe your claim if you don’t have sufficient evidence. So you must keep a record of everything, no matter how insignificant it seems to you. Your records can determine the strength of your case. Thus, your records may include test results, testimonials, treatment records, prescriptions, discharge papers, etc. As soon as you collect the documents, ensure to hand them over to your expert attorney so they can start working on your case.

Time Limit to Lodge Your Complaint

As with other legal cases, medical malpractice also has a statute of limitations. It refers to the time you have to file a lawsuit against the doctor, physician, or other medical professional responsible for the malpractice. Once this period is over, you are no longer eligible to file the lawsuit. Keep in mind, the statute of limitations for malpractice vary from state to state, so make sure to check with your attorney about the time limit. However, there may be some exceptions in the statute of limitations if the patient is a minor, mentally unstable, or unaware of the malpractice.

Key Takeaways

There is indeed nothing more hurtful than seeing your loved one go through the consequence of medical negligence. Unfortunately, the effects of medical malpractice can often lead to a severe injury or even death to the patient. However, understanding what malpractice is beforehand and how to deal with such situations can save you and your loved ones from fatal damages. In addition, no matter what the reason was behind malpractice, you have a right to file a lawsuit and seek the rightful compensation. So don’t be afraid to pursue legal justice with the help of a professional attorney if you ever encounter such a situation.

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