Understanding Medical Malpractice

What is medical malpractice? Medical malpractice occurs when a doctor or healthcare professional acts with negligence, resulting in the injury, disability, or death of a patient. Learn more about medical malpractice with Davis Law Group. 

Types of Medical Malpractice

There are different types of medical malpractice including misdiagnosis, delayed diagnosis, failure to treat, surgical errors, birth injury, and medical product liability. 


When a patient is misdiagnosed, they are unable to receive appropriate treatment and may end up receiving treatment that is detrimental to their condition. The patient’s condition can also worsen if not properly treated. Misdiagnosis is considered malpractice when the doctor or healthcare professional fails to do what another doctor or healthcare professional would have done given the circumstances. Common conditions that are misdiagnosed include heart attack, cancer, stroke, and asthma. 

Delayed Diagnosis

A delayed diagnosis occurs when the doctor or healthcare professional in question assessed the patient less competently than another professional would have. While the patient eventually receives the proper diagnosis, a delayed diagnosis can cause their condition to advance. An example of a delayed diagnosis is when further tests should have been conducted to properly diagnose a patient and the doctor or healthcare professional failed to order them. 

Failure to Treat

When a patient receives the correct diagnosis but is not recommended an adequate course of treatment, this is known as failure to treat and is considered medical malpractice. Common examples of failure to treat include failing to refer a specialist, offering no follow-up care, and not performing tests. A doctor or healthcare professional may fail to treat due to being overworked or acting with negligence. 

Surgical Errors [63] 

Another type of medical malpractice is surgical errors. Surgical errors occur as a result of negligence. Examples of surgical negligence include using non-sterile instruments, performing the incorrect procedure or unnecessary surgery, damaging surrounding tissue, and more. An error during surgery can cause life-altering effects and a patient’s written consent form acknowledging the risks of surgery does not allow for mistakes due to negligence. 

Birth Injury

Birth injury is a type of medical malpractice caused by a doctor or healthcare professional’s negligence. It results in fully-preventable injuries that now require lifelong medical care. It is important to note that injury or death can occur to the baby, mother, or even both. 

Medical Product Liability

Lastly, medical product liability is the result of a poorly designed medical device. The consequences of a malfunctioned device can be devastating, causing unnecessary suffering, worsening of a medical condition or injury, or worse. The manufacturer of the product is liable if they had knowledge of the defect or should have known. 

Filing a Claim

If the provider’s negligence causes injury or damages to a patient, it is important to file a claim. Healthcare professionals are responsible for providing patients with a standard of care and failure to do so can result in a medical malpractice case. By filing a medical malpractice lawsuit, medical professionals are held accountable for their negligence and the patient can receive compensation as well as justice they deserve. 

Contact Davis Law Group

Davis Law Group has successfully tried many malpractice cases and has the experience and knowledge required to take on yours. Contact us today to schedule a free consultation.

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