Understanding the common types of medical malpractice is crucial if you believe a healthcare provider’s mistake may have caused you or someone you know harm or injury. In this blog, we’ll explore what constitutes medical malpractice, break down different types of medical malpractice, and explain how to recognize when it’s time to contact an attorney.
What is Medical Malpractice?
Your healthcare providers have a legal and ethical obligation to provide a certain standard of care to you and other patients. A medical provider may be liable for medical malpractice if they did not provide the proper standard of care, either through misconduct or negligence, which led to harm or injury as a direct result. Medical malpractice does not include when you are disappointed with the results of a procedure or care or if a mistake does not cause you harm.
What Are the Most Common Types of Medical Malpractice?
There are many scenarios that may fall under medical malpractice, but there are 6 common types of medical malpractice that you are likely already familiar with. These include:
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Surgical Errors
Examples include operating on the wrong part of the body, causing accidental injury to organs, or leaving medical instruments inside a patient.
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Anesthesia Errors
Anesthesia is an essential part of a surgery, and if your medical provider does not provide you with the correct post-operation instructions or administers the wrong dosage of anesthesia, you may experience lasting consequences.
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Medication Errors
Prescribing or administering the incorrect dosage of medications, as well as failing to identify prescription interactions, are common medication errors listed in medical malpractice claims.
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Birth Injuries
Examples of birth injuries that have been listed in medical malpractice claims include lack of fetal monitoring that may lead to death or birth injuries, such as cerebral palsy and birth defects, and both mother and child sustaining injuries during the birth due to negligence.
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Delayed Diagnosis or Misdiagnosis
Failing to administer the appropriate tests and procedures to determine a diagnosis, which directly led to a delayed diagnosis or misdiagnosis that caused the condition to worsen or become untreatable is one of the most common types of medical malpractice.
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Defective Medical Devices
Poorly designed or improperly implanted devices can lead to serious injuries or death. A medical device can also lead to a medical malpractice claim if the device does not provide the promised benefits.
While no one expects to be harmed by the healthcare providers they trust, medical malpractice happens more often than you think. Knowing the most common types of medical malpractice empowers patients to recognize when something has gone wrong. If something doesn’t feel right, speak with a South Carolina medical malpractice lawyer to get the answers and support you need.
What are the “4 Ds” of Negligence That Are Necessary to Prove Medical Malpractice?
The “4 Ds” of medical negligence that must be proven in a medical malpractice claim are (1) duty, (2) deviation from the standard of care, (3) damages, and (4) direct cause. Your personal injury lawyer must be able to demonstrate that these four specific elements exist in order to successfully bring a medical malpractice claim to court.
Whether your claim is a result of severe injuries, complications, or wrongful death, a medical malpractice lawyer can help you understand your rights and options, gather evidence, negotiate a settlement, and represent you in court, if necessary.
Contact Our Malpractice Lawyers for Medical Malpractice Claims in South Carolina Today
Whether it’s a birth injury, an anesthesia error, or delayed diagnosis, medical malpractice can have serious, lasting consequences. We’ve outlined the essential information you need to know to understand how medical malpractice is defined, common types of medical malpractice, and how you can take legal action. But knowing is only the first step.
Working with an experienced medical malpractice lawyer in South Carolina can make all the difference. With professional legal support, you can hold negligent providers accountable and secure the resources you need to recover and move forward.
At Harvey and Battey, our personal injury team consists of experienced South Carolina attorneys William B. Harvey III, Thomas A. Holloway, J. Samuel Scoville, and Austin Blake. Each has the experience and compassion necessary to fight for justice on your behalf. With over 100 years of history as a full-service law firm in Beaufort and the Lowcountry, we offer much more than just experience. We offer trusted relationships, local insight, and dedication to our clients. Contact us today for a free initial consultation and let our legacy work for you.