Types of Medical Malpractice Claims

Throughout North America, fatalities from medical malpractice are the third most common cause of death. Medical malpractice fatalities fall directly behind heart and cancer death in Canada each year, according to medical malpractice experts.

In addition to the large number of medical malpractice fatalities, many more people suffer injuries arising from healthcare negligence. Medical malpractice claims tend to fall into one or another of different categories

Failure to Properly Diagnose

Many medical malpractice claims in Canada arise from a physician failing to diagnose properly an ailment, disease, or condition afflicting a patient. As a corollary of the failure to properly diagnosis a patient, another are in which malpractice claims are quite common is the failure to diagnose in a timely manner.

Surgical Errors

Surgical errors represent another broad category of medical malpractice claims. Medial malpractice experts maintain that surgical errors come in a variety of different forms. These errors include everything from operating on the wrong part of a patient’s body to leaving a foreign object behind in a patient’s body following a procedure. Other surgical errors include those associated with the administration of anesthesia as well as failure to maintain proper hygiene protocols, resulting in a patient infection.

Failure to Inform Properly

Another area in which medical malpractice claims are based involves a failure to properly inform a patient of the risks of a particular treatment or procedure. In the absence of this type of full disclosure of the benefits and risks of a particular procedure, a patient is not capable of making an informed consent.

Keep in mind that even if a patient is provided a detailed informed consent form to sign, that does not necessarily mean a patient has been properly informed of risks nor consented to them. In fact, because these forms sometimes are provided and signed at inopportune moments, the fact that they were submitted to a patient, who signed the documents, made not prove to be much of a defense to a failure to inform type of claim.

Medication Errors

Mistakes in regard to medications form the basis for a notable number of medical malpractice claims annually. This includes everything from prescribing the wrong medication to indicating improper dosages of a correct medication.

Prenatal and Childbirth Errors

A significant number of medical malpractice cases arise from mistakes made in the case of pregnant patients. In addition a good many claims stem from errors associated with labor and childbirth. These claims can involve the mother, the child, or both.

Engage Legal Medical Experts

When facing a healthcare negligence issue, a patient is wise to be proactive in retaining the services of legal medical experts. A medical malpractice attorney will schedule an initial consultation with a patient to discuss a case, usually with no legal fee charged.