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Medical malpractice, like most personal injury cases, is always based on negligence. The patient can only win a medical malpractice lawsuit if he/she proves that the physician was negligent (i.e., the doctor did not act reasonably or with the skill and care that a reasonably qualified doctor would have demonstrated under similar circumstances.).
The following are the most common categories for medical malpractice:
negligence affecting pregnancy and childbirth
mistakes in prescribing or administering medication
Misdiagnosis can occur with complex conditions (like those listed above) because patients do not always have the textbook list of symptoms. The consequences of misdiagnosis can be life-threatening or even fatal because the physician has been spending valuable time treating the wrong condition.
Medical malpractice relating to medication is extremely common. Medication errors can result from administering the wrong medication or from administering too much or too little medication.
Mistakes by the surgeon or anesthesiologist during the surgery are not unusual. The most common surgical errors are damaging a nerve, failing to control bleeding, and leaving a foreign body (like a medical sponge) inside the patient. But surgeons have also, believe it or not, performed the wrong operation, sometimes on the wrong part of the body or occasionally on the wrong patient entirely. The most common locations for surgical error are the gastrointestinal tract and the spine.
Check out the following Resources for more information about Medical legal cases and medical malpractice:
This service should be used for second opinions, additional medical reviews and consultations; not for primary diagnosis or treatment. Please always consult your primary doctor for final diagnosis and treatment.