What Involves a Medical Malpractice?

Any person who has learned a profession commits to bringing a reasonable level of care and skill to the practice. However, mistakes are inevitable in any profession, but each mistake has legal ramifications. Mistakes occur in the medical field just as they do in any other occupation. If you have been a victim of medical malpractice, this blog is for you. 

Knowing what involves medical malpractice is a broad topic. However, we will simplify things for you and provide the most important information. Before we dive in, you must first perceive the definition of medical malpractice in order to fully understand what constitutes this illegal act.

What is Medical Malpractice? 

Medical malpractice is defined as professional negligence on the part of a healthcare provider in which the patient suffers harm, injury, or even death as a result of substandard treatment. The majority of medical malpractice or negligence cases involve errors in diagnosis, health management, treatment, medication dosage, and aftercare.


3 Common Types of Medical Malpractice

  • Misdiagnosis – This is the failure of a competent doctor to diagnose and recognize a condition. A misdiagnosis can lead to the disease progressing to a more serious and potentially fatal stage. Cancer and heart attacks are the most commonly misdiagnosed conditions.
  • Surgical and Anesthesia Errors – These are committed by leaving a sponge or other surgical instrument inside the body of the patient. This can also occur when a doctor performs surgery on the wrong patient or on the wrong body part, or when a doctor injures another part of the patient’s body carelessly.

Anesthesiologist errors are mistakes made during anesthesia. This occurs when an anesthesiologist fails to provide proper instructions to the patient prior to surgery, fails to review a patient’s record for potential risk factors, fails to monitor the patient’s vital signs while administering anesthesia, and provides the incorrect amount of anesthesia. In some cases, defective anesthesia may give rise to a claim against the anesthesia’s manufacturer.

  • Medication Errors – These occur when a nurse, doctor, or other medical professional prescribes or gives the patient an incorrect medication. It is usually the result of a wrong diagnosis. Sometimes a doctor will prescribe an unseemly amount of medication, or a nurse will administer the wrong medication to a different patient. During these events, seek immediate assistance from a medical malpractice lawyer in Baltimore, MD to determine what actions you should take against them.

Other Types of Medical Malpractice

  • Birth Injuries
  • Misreading or Ignoring Laboratory Results
  • Unnecessary Surgery
  • Inadequate Follow-up or Aftercare
  • Discharge Prematurely
  • Ignoring or Failing to Obtain an Appropriate Patient History
  • Failure to Order Necessary Testing
  • Inability to Identify Symptoms
  • Persistent Pain After Surgery
  • Infections Acquired in the Hospital That Are Potentially Fatal

Who is Involved in a Medical Malpractice Case? 

Plaintiff – This is the person who files a lawsuit against another person in a court of law, the one who initiates the suit, and the one who is suing. This can be the patient or a legally designated person who acts on the patient’s behalf if the patient dies.

Defendant – The doctor, nurse, therapist, or other health care provider is being sued.

Prevailing Party – The winning party in a lawsuit can either be the defendant or the plaintiff.

Losing Party – The losing party of the case.

Fact Finder – This refers to the judge who has been assigned to the case.

Four Elements or Requirements for a Medical Malpractice Claims 

  1. The health care provider or hospital owed a duty.
  2. A duty was violated when the health care provider or hospital failed to meet the expected standard of care.
  3. The breach caused an injury, which was closely related to the injury.
  4. The patient suffered significant harm, whether physical, financial, or emotional.

When you or a loved one is the victim of medical malpractice, you may be awarded compensatory or punitive damages. To be a prevailing party, you must seek the assistance of a professional and dependable medical malpractice lawyer who can discuss the important details of what involves medical malpractice with you.

Contact Richard Hackerman right away if you want the justice you deserve. We can be reached at (410) 243-8800 or (888) 243-5500, or we can be found at 3635 Old Court Rd Suite 208, Baltimore, MD 21208 4061. We will make sure that you are not alone during this difficult time!

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