Types of Medical Malpractice cases
Negligence: If a doctor has caused you harm through negligent treatment, you may be eligible for compensation. A judge may be able to compare the actions of your doctors against the successful actions of their peers to prove negligent behavior.
Negligence by omission: Oftentimes, it's not something erroneous a doctor does, but their failure to act in a timely and appropriate manner that leads to your condition worsening.
Misdianosis/Failure to Diagnosis: If a doctor is unable to come up with a proper diagnosis, or misdiagnoses you, you may be forced to suffer through what should have been preventable harm.
Surgery Error: There are numerous surgical errors one can experience, including: a doctor performing surgery on the incorrect body part, a doctor performing surgery on the wrong patient, a doctor leaving a surgical tool inside the patient.
Wrongful Drug Administration: A doctor can be held liable if they prescribe you the wrong medication or combination of medications.
Informed Consent: As a patient, you are entitled to thorough information regarding your medical handling. You are also entitled by law to refuse treatment. If you believe a doctor has proceeded against your will in administering treatment, that doctor can be held legally liable.
Unreasonable Delay: When it comes to injuries and illnesses, time means everything. If any unnecessary delay on the part of the doctor or medical staff led to your not receiving acceptable medical care, you may also have rights to compensation.
Get answers to our most frequently asked questions about medical malpractice.
All medical treatment must be provided with the patient's informed consent except in cases of extreme emergency. Patients sign a general consent form upon hospital admission and a more specific consent form prior to an invasive procedure or operation. If a doctor fails to provide the appropriate standard of care, the signed consent form DOES NOT waive your right to bring a medical malpractice claim.
A typical malpractice claim must be filed within 2.5 years of the date of the malpractice. There are some exceptions.