What are Grounds for a Medical Malpractice Lawsuit?

Medical malpractice claims typically arise when a healthcare professional, such as a doctor, nurse, or hospital, fails to provide proper medical care, resulting in harm to a patient. Here are some common grounds for a medical malpractice lawsuit.

Failure to Diagnose or Misdiagnosis

If a healthcare provider fails to diagnose a medical condition or diagnoses it incorrectly, leading to delayed treatment or unnecessary harm, it may constitute malpractice.

Negligent Treatment

This occurs when a healthcare provider deviates from the accepted standard of care in treating a patient. For example, prescribing the wrong medication, administering improper treatment, or performing a procedure incorrectly could be considered negligent treatment.

Failure to Warn of Known Risks

Healthcare providers have a duty to inform patients of the risks associated with a particular treatment or procedure. If they fail to do so, and the patient is harmed as a result of those undisclosed risks, it may be grounds for a malpractice claim.

Surgical Errors

Mistakes made during surgery, such as operating on the wrong body part, leaving surgical instruments inside the patient, or performing unnecessary surgery, can all be grounds for a malpractice claim.

Birth Injuries

If a healthcare provider’s actions during childbirth result in harm to the baby or mother, such as cerebral palsy due to oxygen deprivation or injuries caused by improper use of forceps, it may constitute medical malpractice.

Medication Errors

This includes prescribing the wrong medication, administering the wrong dosage, or failing to consider a patient’s known allergies or other medications that may interact negatively.

Failure to Obtain Informed Consent

Patients have the right to make informed decisions about their medical care. If a healthcare provider performs a procedure without obtaining proper consent or without fully informing the patient of the risks and alternatives, it may be considered malpractice.

These are just a few examples, and the specifics of what constitutes medical malpractice can vary based on jurisdiction and the circumstances of each case.

If you or a family member has been injured from a medical or other healthcare error, or a family member has died as a result of medical malpractice, Saltz Mongeluzzi Bendesky is committed to obtaining the results you need and deserve. Contact one of our Medical Malpractice attorneys today.