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Common Medical Malpractice Cases

After any situation that could potentially involve medical malpractice, you may wish to speak with an experienced personal injury lawyer who can evaluate your case with you. Hiring a medical malpractice lawyer may ensure that your legal rights are protected.

Misdiagnosis of Cancer

Many types of cancer can be treated and prevented if diagnosed early enough. Medical malpractice can occur when a medical doctor fails to follow accepted and standard methods of diagnosis and treatment of cancer symptoms. Misreading examination results or ignoring them such that his misdiagnosis caused a delay of treatment can be considered negligent behavior and grounds for a medical malpractice claim.

Some common types of cancer that are frequently misdiagnosed are breast cancer, cervical cancer, ovarian cancer, colon or rectal cancer, lung cancer, and skin cancer. The impact on a patient who finds out they have cancer too late to correct it is catastrophic.

Birth Injuries

In many cases, birth injuries have natural causes that cannot be prevented. Babies can develop bruising, swelling or cuts in their passage through the birth canal. These injuries, although upsetting, can usually be treated quickly after birth. However, medical mistakes during delivery can also contribute to brain damage, severe retardation, and permanent difficulty in movement to the affected child.

Negligent Prescription of Medications or Medical Devices

A doctor or other health care provider can be liable for the negligent prescription of a medication or medical device if he either ignored the manufacturer's instructions, prescribed an incorrect dosage, or gave incorrect dosage instructions. A doctor is considered by the courts to be a "learned intermediary." As a "learned intermediary," the doctor's medical knowledge and training in combination with the information provided by a pharmaceutical or medical device manufacturer should place him in the best position to determine whether a drug or device is proper in the treatment of a particular medical situation. The doctor has a duty to provide reasonable care to the patient, and to ignore this duty is negligence.

In addition, a pharmaceutical manufacturer may be liable if they failed to warn of potential side effects or dangers of the drug that could cause a patient injury.