In order for medical negligence to be considered medical malpractice and pursuable through the court system – it must involve three elements:

1. The injury the patient suffered as a result of the medical negligence must be significant
2. The care the patient received by the doctors, medical team and/or hospital staff must have been below standard care expected from medical professionals
3. The medical negligence or mistake made by the medical care must have caused the patient’s injury

The following 5 examples of medical malpractice cases will help you see how these elements come together:

1. Anesthesia Errors: if a patient dies due to liver damage caused by anesthesia administered by the doctor during surgery, it would be considered a medical malpractice case. All three required elements are present – the injury, the cause is directly related to the improper use of anesthesia, and medical negligence.
2. Childbirth Mistakes: if there is a problem with the umbilical cord that poses a threat to the baby’s life if not delivered immediately by c-section, and the doctor fails to act immediately – the death or brain damage the baby suffers is considered medical malpractice.
3. Heart Disease that is Not Diagnosed: if a patient with chest pain heads to the hospital and is sent home without a diagnoses only to suffer a massive heart attack and dies – this would be considered medical malpractice. The doctor should have determined the chest pain was leading to a heart attack and since he or she did not and the patient died of a heart attack, it would be considered medical malpractice.
4. Appendicitis That is Not Diagnosed: if a patient goes to the emergency room with abdominal pain but is sent home without a diagnosis and later goes into shock and dies due to appendicitis- the doctor’s failure to recognize the signs of appendicitis would be a case for medical malpractice.
5. Cancer That is Not Diagnosed: many cases of medical malpractice result from a patient going undiagnosed until a disease spreads. For example, if a woman with a lump in her breast went to the doctor for a checkup and the doctor fails to test for cancer, only to discover the woman does indeed have cancer that spreads in the meantime – the first doctor would be held liable.

Medical Malpractice

If you feel your doctor’s errors or negligence have resulted in severe injuries or death, you may have a medical malpractice case. Contact medical malpractice lawyers for a consultation of your situation.