Common Types Of Medical Malpractices Cases

 

Most health care professionals care about the safety and well-being of their patients. However, physicians, surgeons, hospitals, and other health care providers can make serious errors that cause injury or death. Dealing with the physical and emotional repercussions of these injuries can be challenging and have a lifelong impact on victims. If you believe you or a loved one has been a victim of medical negligence, having a top medical malpractice attorney evaluate your case and help you understand common types of malpractice can help make things right for you and your family.

What is Medical Malpractice?

Before you consider filing a lawsuit against a health care professional or organization, it is important to understand what medical malpractice is. Medical malpractice occurs when a doctor, hospital, health care system, or other health care professional causes an injury to a patient due to a negligent act or omission. However, just because a doctor made an error that may have caused an injury does not mean you automatically have a medical malpractice case that will be easy to win.

Types Of Medical Malpractice Claims

Medical malpractice cases are quite complex and require the knowledge and experience of a seasoned personal injury attorney who is familiar with what it takes to prove negligence and liability in these types of cases. There are countless situations in which someone may be injured due to negligence, but some common types of medical malpractice cases include:

Misdiagnosis or Failure to Diagnose – When a doctor fails to correctly diagnose an illness or condition, the consequences can be deadly. Whether a physician fails to recognize a discernable illness or diagnoses a patient with a condition they do not have, it can result in a patient not receiving the treatment they need or a healthy patient getting unnecessary treatment that could be invasive or harmful. If you are misdiagnosed, malpractice would only be considered if a doctor failed to follow appropriate standards of care and you were harmed as a result.

Failure to Treat – In some cases, a doctor may fail to recommend adequate treatment for a condition. Failing to offer follow-up care after surgery, releasing a patient too soon, or neglecting to refer someone to a specialist when necessary are all examples of a failure to treat.

Birth Injuries – One of the most heartbreaking types of medical malpractice are birth injuries, which are often preventable and can happen in many different ways. Negligence may occur during childbirth or prenatal care and result in serious brain injury, nerve injuries, and other conditions that significantly affect a child’s quality of life and require costly long-term care.

Medical Product Liability – Thousands of patients are injured or killed each year due to faulty medical devices. If you’ve been hurt by a defective medical device, you may be able to pursue a product liability claim against the designer, manufacturer, and distributor of the device. In addition, a doctor or hospital may be liable in a medical malpractice claim if they failed to know the risk of harm before a device’s use or failed to warn a patient of the risk of harm.

If you believe you have been hurt by malpractice, contact a medical malpractice law firm today.

This blog was originally posted on https://www.pa4law.com/common-types-of-medical-malpractices-cases/

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Class Action Litigation In Medical Malpractice

 

Medical malpractice claims are usually brought by individuals who have been harmed due to the negligence of a physician, nurse, hospital or other health care professional. In cases involving issues such as harmful side effects of a medication, thousands of people may be affected, and they may all pursue compensation in a class-action lawsuit. If you are unsure about whether you have an individual claim or should consider being part of a class-action lawsuit, a top medical malpractice attorney can help you understand the difference between the two and advise you of your options.

What is a Class Action Lawsuit?

Although a class action lawsuit is a civil action, unlike a medical malpractice suit or personal injury claim, it involves multiple plaintiffs who have sustained injuries or losses due to the actions of the same defendant. Examples of class action litigation that involve medical issues include those that are filed against pharmaceutical companies due to dangerous side effects of medications, and manufacturers of materials such as surgical mesh and IUDs that ended-up being defective and causing injury. These class-action lawsuits are not really considered medical malpractice claims and typically fall under the legal umbrella of product liability.

Some personal injury law firms handle all of these forms of litigation, while others focus on specific areas of tort law such as car accidents, premises liability, and product liability.

How Do Class Action Lawsuits Work?

When you contact an attorney about a medical issue that could lead to a potential class action, they will do research on whether others have been harmed in the same way. They will determine:

- Whether there is an existing lawsuit making the same allegations

- How many others have been similarly injured

- Whether the statute of limitations to file a claim has passed

- Whether the company or individual who is being sued is protected from liability due to a bankruptcy filing

They also will look at previous judicial opinions and rulings to find out if any lawsuits involving similar claims have been successful. A class-action lawsuit is a huge undertaking that requires significant resources, so it is critical for lawyers to conduct due diligence before proceeding.

Filing a Class Action Lawsuit

A class-action lawsuit can be initiated by just one individual or a small group of people. If a personal injury lawyer or medical malpractice attorney believes a class action lawsuit is appropriate, they will draft a complaint that outlines the facts of the claim and damages that are being sought. The lead plaintiff will be named in the complaint and it will also describe the potential “class” of individuals who may be eligible to participate in the lawsuit. For example, in a case involving defective surgical mesh, the “class” would be patients who had serious complications after hernia mesh surgery.

For a class action to proceed, a judge must issue a class certification ruling. Many class actions settle before going to trial. The attorneys will issue a notice to the class members informing them about the settlement or judgment and their right to opt-out of the case, with instructions on how to claim their part of the settlement.

To learn more about medical malpractice and class action lawsuits, contact a personal injury lawyer today.

This blog was originally posted on https://www.pa4law.com/class-action-litigation-in-medical-malpractice/

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