malpractice cases

3 Things You Must Know About Medical Malpractice Cases

malpractice casesMedical malpractice is a common concern in the United States for both patients and medical practitioners.

In the recent past, there have been up to $3.6 billion total payouts within one calendar year.

Allegations range anywhere from issues with surgery, diagnosis, and proper treatment. These issues can lead to emotional trauma, permanent injury, brain damage, and even death.

If you feel you may have been a victim of medical malpractice in one of these areas, you have options.

However, there are a few things you need to know before joining the list of patients fighting medical malpractice cases.

1. How to Identify Malpractice

The National Library of Medicine defines medical malpractice as an act of omission from the accepted norms of treatment. The act must occur during the time of patient care, and it has to cause injury to the patient.

It is important to remember patient dissatisfaction does not necessarily mean malpractice occurred. There are times when doctors and nurses do all they can in their power, and things still do not work out as intended.

Malpractice has to clearly be an act of negligence.

This often means a doctor did not have the reasonable skills for a specific treatment, or the doctor knowingly acted against the standard.

2. Common Malpractice Issues


Some of the most common malpractice cases occur because of misdiagnosis or delayed diagnosis.

This is classified as failure to identify or correctly treat patient problems. At times, misdiagnosis causes patients to lose their window of opportunity in fighting infectious or life-threatening diseases.

Examples of this include failing to catch cancer in adults or meningitis in children. Patients discharged from a hospital who experience reoccurring symptoms or heart attack may qualify to make a claim as well.

Childbirth Problems

Medical malpractice can happen during prenatal care and in the act of childbirth as well.

Prenatal malpractice includes failure to identify birth defects or life-threatening illnesses to the fetus. At times, there may be issues with the mother like hypoglycemia or anemia that goes untreated as well.

During childbirth, a major issue is a failure to address birth complications. This can be problems like the child’s size, position, or the umbilical cord.

Prescription Mistakes

Wrongful medication can harm millions of people in the United States every year.

Prescription mistakes cause overdoses when the right drug is assigned too high of a dosage. Over time, patient tolerance can lead to addiction or even death.

Prescribing the wrong drug or not enough medication can happen at times as well. This is usually a result of misdiagnosis.

3. Fighting Malpractice Cases

Medical malpractice cases can vary from state to state.

If you feel you have been a victim of malpractice, reach out to your local attorney’s office.

Professionals like Bordas Law can help you make your case in many areas of malpractice like emergency room errors to standard procedures.

Don’t Wait to File a Claim

Act as soon as possible in order to avoid filing outside of your statue of limitations. The sooner you fight your case, the more effective your claim can be.

If you are a professional in the medical field concerned about malpractice, encourage your staff to always use best practices. Never slack on employee training – it’s not worth it!