Common medical errors that may be considered malpractice:
- Misdiagnosing the patient or a delayed diagnosis
- Unnecessary surgery
- Child birth injury
- Improper medication dosage
- Surgical errors such as operating on the wrong part of the body or leaving a surgical sponge in the patient
- Misinterpreting test results
- Failure to conduct a thorough medical history
- How do you determine if it is medical malpractice?
A medical malpractice case has several key elements. Each state has its own set of rules and regulations for medical malpractice procedure, which a medical malpractice lawyer Philadelphia, PA patients rely on will be well acquainted with. Medical malpractice lawsuits are time-consuming and expensive, therefore, some states require you to present your case to a board or a medical panel while other states require a notice of the malpractice to the accused party in hopes that it can be resolved out of court. A lawyer will be highly familiar with these crucial differences and the steps you need to take for them. Although it depends on the state that your suit is being filed in, most states agree that the following must be established in order for there to be a case:
- Prove a relationship existed between the patient and the doctor. There must be a concrete relationship where the doctor is unequivocally treating the patient. This does not apply to consultations or casually seeking advice from a doctor that you know.
- Prove negligence on the part of the doctor. You must be able to prove who is responsible for the negligent act.
- Medical expert to support the claim that the doctor was negligent in the treatment. The purpose of the medical expert is to establish reasonable treatment in that area of medical expertise.
- Multiple other medical experts may be necessary to support the belief that the condition was caused by negligence