Types of Medical Malpractice Claims

There are many types of medical malpractice cases that can be brought against physicians, hospitals, and medical personnel. Hospital errors often result in a medical malpractice case if the victim suffered serious injuries because of a careless act. The following are a few examples of medical malpractice claims.

Common Hospital Errors that can Result in a Medical Malpractice Case

Birth Injury

The birth of a child is supposed to be a happy occasion. But when hospital errors cause birth injury, joy quickly turns to despair as the family learns to deal with the tragedy. Medical malpractice claims are often filed for the birth injuries associated with medical negligence: cerebral palsy, Erb's palsy, and brain damage.

Cerebral Palsy

A medical malpractice case can be brought against physicians for hospital errors that lead to cerebral palsy (a form of brain damage) in infants. Brain damage can occur due to a failure to diagnose metabolic conditions, Rh incompatibility, oxygen shortage, and other problems associated with labor.

Failure to Diagnose

A physician can be held accountable for a medical malpractice case if a patient is treated for a disease he or she doesn't have and the treatment caused injury, or if the doctor fails to diagnose serious problems such as cancer or appendicitis.

Breast Cancer

A medical malpractice case can be brought against physicians for failing to diagnose breast cancer in a timely manner. In 1999, these cases accounted for 40 percent of all medical malpractice claims. The top three reasons doctors fail to diagnose breast cancer are: they rely too heavily on a patient's age as a predictor, they rely too heavily on negative mammogram results (even if the patient feels a lump), or they do not believe a patient when she reports symptoms.

Lung Cancer

Medical malpractice claims can be brought against physicians for failing to diagnose lung cancer. For example, in Massachusetts, a patient successfully sued a physician for failing to disclose a lung cancer diagnosis after chest x-rays and a CT scan were performed.

Medication Errors

A medical malpractice case can be brought against physicians or a hospital for medication errors when handwritten prescriptions are illegible, when abbreviations are used on the prescription, and when two drugs with similar spellings are confused. It is estimated that medication errors occur at a rate of 30,000 to 180,000 per year.

Wrongful Death

Medical malpractice claims can be brought against physicians for wrongful death when a patient dies as a result of medical negligence or hospital errors. Wrongful death lawsuits are filed in an attempt to defray medical costs for the family of the victim. In addition, damages for lost wages, pain and suffering, and loss of companionship may be awarded.

Nursing Home Abuse

A medical malpractice case can be brought against people who are paid to provide care for elderly people in nursing homes. Different types of elder abuse in nursing homes are physical, psychological, emotional and financial abuse, as well as neglect.

Defective Drugs or Products

An individual suffering injuries caused by a defective drug or product may be entitled damages from the hospital, doctor, manufacturer, or distributor. If the victim was not warned about the dangers of the product, or if the product does not meet safety standards, a medical malpractice case can be filed.