Types of Medical Malpractice

The American Board of Professional Liability Attorneys explains medical malpractice in more detail. The most common types of medical malpractice include:

  • Failure to diagnose – if a competent doctor would have discovered that patient’s illness or made a different diagnosis that would have likely resulted in a better outcome.
  • Improper treatment – if a doctor treats a patient in a way in which no other competent doctor would, or if a doctor selects the appropriate treatment but administers it incompetently.
  • Failure to warn a patient of known risks – the duty of informed consent requires doctors to warn patients of the known risks of a medical procedure.

In order to prove that medical malpractice took place, you must be able to prove the following:

  • That a doctor-patient relationship existed
  • That the doctor (or medical provider) was negligent
  • That the doctor’s (or medical provider’s) negligence caused the injury
  • That the injury led to specific damages

Medical malpractice cases are complicated and each case is unique. To win a case, you need an extensive understanding of both the law and the practice of medicine. Expert testimony or an expert affidavit is often required for a legitimate medical malpractice lawsuit so it is in your best interest to consult with an experienced medical malpractice lawyer to guide you through the process.

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