3 Most Common Medical Malpractice Claims

A medical encounter is rightfully marked by a good amount of trust and dependence.

Basically, a patient trusts that a provider at the very least knows what they’re doing. This trust is expected to be strong enough to allow the patient to depend on the provider for healing and even survival.

However, this highly sensitive setup sometimes gets disturbed by cases of medical incompetence and/or negligence. The following subsections discuss the most common examples.

Childbirth Injuries

Childbirth injuries are common issues brought to the courts, and among those cases, the ones that involve Erb’s palsy stand out. What is Erb’s palsy? This basically is an injury in the baby’s neck that results in them losing partial or total control of the arms. Though patients usually recover from this, the baby who is still in the recovery period demands an extra amount of time and care from the parents, causing economic and overall family life disturbance.

Getting the help of a good Erb’s Palsy lawyer is helpful in winning your case. But because of the potentially high costs of the legal proceedings, Erb’s palsy cases might end in extrajudicial settlements. Lawyers are still instrumental in these, especially in determining how much the settlement should be.

Failure to Diagnose and/or Misdiagnosis

Knowing the symptoms of a disease is one thing, recognizing and labeling them in actual situations is another. Physicians spend years in training so that they can efficiently and effectively do both.

However, there are just diseases that share one or more symptoms, making it extra challenging to make the right diagnosis. A wrong diagnosis may lead to delayed treatments, gross worsening of the illness, or even death in extreme cases.

But just because the task is difficult doesn’t really mean that the provider is off the hook once a mistake is made. They hold a license that stands as the ultimate proof of their competence.

When they start making mistakes, it’s just right to make them pay for it. The doubt that any lawsuit casts on the validity and worthiness of their license should just be the beginning.

Failure to Prescribe the Right Drug

Given the amazing advancements in drug technology, many illnesses that were once thought to be incurable can now be treated effectively. But treatment success is pretty much dependent on prescription accuracy.

When an attending physician gives the wrong drugs, the patient not only misses an opportunity to heal, they are also put in a dangerous position. Some even die from ingesting the wrong pills.

As with the failure to diagnose, the fact that prescribing is a difficult task cannot be used as an excuse for wrong prescriptions. Mistakes happen, but they are pretty much avoidable if only the providers exerted more effort in living up to the demands of their profession.

Medical malpractice has serious consequences. Unfortunately, many claims don’t see the happy endings that they deserve. Because of some over-the-top legal requirements, claims do not even get the chance to be heard in court.

The settlements that we speak of above are the exemptions rather than the rule. The cases that get past the gatekeepers only have a very slim chance of succeeding due to several technicalities. This is a challenge that many communities in the United States still face.