Know the Most Common Types of Malpractice
To fully understand the different types of malpractice, you have to understand the laws that they are based on. For instance, in the United States there are “tort” laws. These are civil wrongs that result in unnecessary harm, loss, or suffering that is seen as a legal liability. The liability is on the person who caused the damage, and it is usually considered negligence, and not a conscience, criminal act.
So, a tort occurs when someone causes an avoidable harm or loss, and they must then accept the liabilities that might arise from it. From tort laws come the different types of malpractice, and the two most common are medical and legal.
Medical Malpractice in Texas
As scary as it sounds, the issue of medical malpractice is fairly common, though there are some claims or cases that seem to happen more often than others. The most frequently seen types of malpractice related to medical treatments and care include:
- Cosmetic and plastic surgery issues
- Prescription drug mistakes
- Birth injury or obstetric issues
- Diagnostic mistakes
- Surgical issues
That represents a tremendous range of medical concerns, and it is important to look a bit closer at these types of malpractice to ensure you understand if you have a valid case or claim.
Plastic and cosmetic surgeries occur at an astonishing rate (in 2006 there were more than 11 million procedures documented), and so it does seem likely that many types of malpractice cases might relate to this sort of treatment. Interestingly enough, because it is usually elective surgery it is much less likely that punitive damages or compensation is received on such claims. Though there are most certainly patients with cases that do warrant compensation, statistics indicate the rate is very low.
With prescription drug mistakes, you see the most common of the different types of malpractice. These can result in allergic reactions or can lead to accidental death, and there is a long list of individuals and groups who might be liable, including doctors, nursing staff, pharmacists, drug vendors, and manufacturers among others. Whether they administered the wrong medicine, failed to counsel on drug interactions, or marketed unsafe products, there is liability in the eyes of the law, and many claimants do receive compensation for the harm or losses caused.
Birth injury is a very upsetting issue because it can harm both the mother and baby, and because this type of malpractice often leads to life-long health issues for those injured. Children can suffer Erbs or Cerebral Palsy, severe nerve or brain damage, fractures, or may even die. When it is possible to demonstrate negligence before, during, or after birth, it is possible to be compensated to the fullest extent.
Finally, surgical and diagnostic errors are common reasons for legal claims simply because these things should not occur with all of our modern technological advances. Whether a doctor failed to diagnose a serious condition in a timely manner or a surgeon caused an injury that led to major medical issues, when a doctor fails to perform his or her duty and it leads to harm, it could be malpractice.
What to Do About Medical Malpractice?
For those who fear they may have suffered an injury or damages because of medical malpractice, the first step is to contact a knowledgeable attorney familiar with state laws. Usually the burden of proof (that the medical malpractice occurred and that the parties named are responsible) is on those who suffer the results. It is usually only with the help of legal experts that a case can be successfully built and the best compensation awarded.
MedicalMalpractice.com. Types of Medical Malpractice Cases. 2015. http://www.medicalmalpractice.com/resources/common-types-of-medical-malpractice-cases.html