What types of cases would fall under medical malpractice?
As a lawyer, I can advise you that medical malpractice cases involve negligence or wrongdoing on the part of a healthcare professional, resulting in harm or injury to a patient. Some examples of cases that may fall under medical malpractice include:
- Misdiagnosis or delayed diagnosis: when a doctor fails to diagnose or misdiagnoses a condition, resulting in delayed treatment or incorrect treatment.
- Surgical errors: including wrong-site surgery, leaving surgical instruments inside the patient, or damage to nerves or organs during surgery.
- Medication errors: such as prescribing the wrong medication or dosage, administering drugs improperly, or failing to monitor a patient's reaction to medication.
- Birth injuries: such as cerebral palsy, Erb's palsy or brachial plexus injuries, resulting from medical negligence during the labor and delivery process.
- Anesthesia errors: including administering too much or too little anesthesia, or failing to properly monitor a patient under anesthesia.
It is important to note that there may be limitations or exceptions to medical malpractice claims, depending on the jurisdiction and circumstances of the case. For example, some states have laws that place limits on the amount of damages that can be awarded in medical malpractice cases or require the use of mandatory arbitration.
If you believe you have been the victim of medical malpractice, it is important to consult with a licensed attorney who specializes in medical malpractice cases in your jurisdiction. They can advise you on the specific laws and legal precedents that may apply to your situation, and help you determine the best course of action, which may involve filing a lawsuit or seeking a settlement outside of court.