What to Do If You Are a Victim of Medical Malpractice

Discovering that you’ve fallen victim to medical malpractice can be an emotionally turbulent experience. In such a situation, being well-versed in your rights and having a comprehensive understanding of the appropriate course of action becomes paramount.

This article aims to explore the complexities of medical malpractice, explore the diverse range of cases that may arise. Let’s delve into the many legal considerations surrounding malpractice and learn some about the common ways it occurs.

Defining Medical Malpractice

Medical malpractice is a transgression of the expected standard of care by healthcare professionals. It includes errors in diagnosis, treatment, aftercare, and health management.

Patients who experience medical malpractice may suffer from severe physical injuries or complications. Every year, more than 100,000 people die due to medical malpractice.

Recognizing the expansive scope of medical malpractice is essential for discerning instances where a departure from the standard of care has occurred. Moreover, it’s crucial to appreciate the profound consequences of medical negligence.

The ramifications can extend beyond physical harm to encompass prolonged suffering, emotional distress, and additional financial burdens on the affected patient and their family.

What Types of Medical Malpractice Exist?

One prevalent form of medical malpractice involves errors in the diagnosis process. Misdiagnosis occurs when a healthcare professional inaccurately identifies a medical condition, potentially leading to inappropriate or delayed intervention.

Delayed diagnosis involves a healthcare provider overlooking or postponing the identification of a medical issue. This results in the progression of the condition and often more severe consequences for the patient.

Data shows that the most common type of medical malpractice is failure to diagnose, accounting for 31.8% of malpractice allegations. This is closely followed by surgical errors and mistakes at 26.9% and medication errors at 24.5%.

Surgical procedures naturally carry inherent risks, but medical malpractice arises when preventable mistakes occur in the operating room. These errors can range from operating on the wrong body part or patient to damaging surrounding tissues or organs.

Surgical malpractice cases necessitate a meticulous examination of the circumstances surrounding the procedure, including pre-operative assessments and post-operative care.

Informed consent is also a fundamental principle in healthcare, and deviations from this standard can lead to medical malpractice claims. If a patient is not adequately informed about the risks of a proposed treatment it can be grounds for malpractice.

The Bard PowerPort lawsuit situation has the potential to soon be a classic instance where informed consent can come into play.

TorHoerman Law notes how several individuals have suffered serious injuries and complications due to the Bard PowerPort. It is a port-a-cath used to facilitate repeated access to the venous system for the administration of medications and other fluids.

If there is overwhelming evidence of danger, healthcare providers can be held accountable for not informing patients of its risks.

Initiating a Medical Malpractice Lawsuit

The foundation of a compelling medical malpractice case lies in the evidence. Collecting relevant medical records, diagnostic images, and any other documentation related to the incident is crucial.

Every year, over 20,000 medical malpractice lawsuits are filed by 800,000 Americans and their families. These people have been permanently disabled or have lost their lives due to medical errors or negligence.

Additionally, securing expert opinions from healthcare professionals is often necessary to establish the standard of care and demonstrate any deviation.

In many jurisdictions, before filing a lawsuit, there may be a requirement to notify the healthcare provider of the intention to pursue legal action. This often involves sending a formal notice outlining the details of the malpractice claim. The response from the healthcare provider may influence the subsequent course of action.

Before proceeding to trial, there is often an opportunity for settlement negotiations. This involves discussions between the parties to reach a resolution without going through a full trial. Settlements can provide a quicker resolution and may be a viable option, depending on the strength of the case and the preferences of all parties involved.


Discovering that you’re a victim of medical malpractice can be a daunting journey, but understanding your rights and the appropriate course of action is paramount. Medical malpractice is a complex issue that intersects the realms of healthcare, law, and patient rights.

It is a matter of profound significance due to the potential consequences it holds for individuals’ health and well-being.

Thankfully, the legal system provides a framework for individuals to seek compensation for damages. This encourages a balance between patient rights and the responsibilities of healthcare providers. However, there is still much improvement to be made in the context of accountability.

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