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4 Common Types of Medical Malpractice Claims

Health care professionals are supposed to provide patients with medical care and treatment, but all too often patients feel worse than they did prior to seeking medical treatment. Medical malpractice claims are important tools injured patients can utilize to protect themselves if they have been further injured by a medical professional or health institute, such as a hospital or urgent care facility.

medical malpractice claim

This article explores the four common medical malpractice claims made by injured victims.

  1. Surgical Errors

Surgical procedures have inherent risks. For this reason, hospitals and physicians require most patients to sign a form stating that they understand these known risks before undergoing the surgery. However, these forms do not cover preventable mistakes and errors made during the surgical procedure. Common types of preventable surgical errors include:

  • Improperly administering anesthesia
  • Operating on the wrong body part
  • Operating on the wrong patient
  • Leaving a foreign object inside the patient
  • Injuring another body part during the surgery
  1. Prescription Medication Errors

Prescription medications are potent drugs that can cause serious damage if not properly administered to the patient. The U.S. Food and Drug Administration (FDA) reports that approximately half of all fatal medication errors affect patients over 60 years of age. Common types of prescription medication errors include:

  • Prescribing an incorrect dosage of medication
  • Administering the incorrect dosage of medication
  • Prescribing the wrong medication
  • Administering the wrong medication
  1. Failure to Treat

Failure to treat a medical condition according to the standard of care is another common way that physicians and hospitals can be held liable for negligence. Failure to treat medical conditions can be the result of:

  • Understaffed medical facilities
  • Overworked medical facilities
  • Prematurely discharging a patient
  • Failure to refer a patient to a specialist
  • Improperly following up care
  • Dismissing symptoms as temporary, minor or not worth treating
  1. Misdiagnosis

Physicians can also face a medical malpractice claim if they fail to properly diagnose a medical condition or disease. Since some medical conditions present similar symptoms, it is imperative that physicians closely follow the standard of care to prevent improper treatment that could result in further worsening of the medical condition. Common misdiagnosis cases include:

  • Failure to diagnose cancer
  • Diagnosing a chronic condition as a less serious one
  • Failure to include potential medical problems in their initial differential diagnosis list
  • Failure to recognize an urgent medical issue

Call an Experienced NY Medical Malpractice Attorney

Any type of medical error can be dangerous and a terrifying experience for both the victim and their loved ones. The most important thing to realize is that you are not alone. The attorneys at Gersowitz, Libo & Korek P.C. have more than 30 years of experience and knowledge to aggressively fight for your rights and get you the full extent of monetary compensation that you deserve.

To schedule a complimentary consultation with one of our New York medical malpractice attorneys, please call 1-800-529-9997.

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