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Common Medical Malpractice Lawsuits and When to Consult a Lawyer

Medical errors cause up to 450,000 deaths per year, according to the Journal of Patient Safety.

  • Medical malpractice cases must involve negligence on the part of a doctor or other provider that significantly harms the patient.
  • Consult Hayhurst Law if you feel that you or someone you love might have a medical malpractice case.
  • What Is a Medical Malpractice Lawsuit?

    A medical malpractice lawsuit is a kind of legal action alleging that a doctor, hospital, or other medical care provider harmed a patient through some act or failure to act. Any mistakes a doctor may make in diagnosing, treating, or managing a patient’s condition can lead to personal injury and medical malpractice claims. The claim must have some specific characteristics to meet the health care standards that prove malpractice occurred.


  • Every area of medical practice has specific criteria generally accepted as proper treatment for a patient. When a doctor or other provider fails to meet those standards, this may constitute negligence. To form the basis for a medical malpractice lawsuit, the medical provider must have violated the commonly accepted standards of care for the circumstances
  • The patient’s injury or death must have resulted from the professional provider’s negligence or failure to follow the standard of care. If the damages did not result from negligence or the provider was negligent, but there is no injury, there is no medical malpractice claim.
  • The patient’s injuries must result in significant harm or damages, which may be financial or nonmonetary. Some of the most common types of damages include medical bills, lost time and income from work, and pain and suffering. Injuries to a patient are often both current and ongoing. For example, patients injured by inappropriate medical treatment may need specialized care for the rest of their lives.

  • What Are Some Common Errors That Lead to Medical Malpractice Lawsuits?

    Any medical error can give way to a medical malpractice lawsuit. Every situation is different, so it is impossible to compile a complete list of all the possible types of medical malpractice. However, here are some of the most common types of medical errors:

  • Incorrectly diagnosing a condition or failure to diagnose a condition.
  • Performing surgery unnecessarily or surgical errors, such as completing a procedure on the wrong limb or wrong patient.
  • Incorrectly reading and interpreting diagnostic tests, failing to order those tests, or ignoring the results of those tests.
  • Prescribing the wrong medication or dosage.
  • Failing to provide appropriate follow-up care.
  • Discharging a patient before it’s medically appropriate.
  • Injuries that occur during birth.
  • Failing to review or take into account the patient’s medical history.

  • When Should I Consult a Lawyer?

    If you believe that you or someone you love is suffering or died due to negligence on the part of a doctor or other medical professional, you should consult a competent attorney with experience in this type of case. Malpractice laws vary by state and malpractice cases can be lengthy, complex, and expensive. They often involve many expert witnesses, so you want to make sure the person handling your case knows how to get the best results. You want to choose an experienced medical malpractice lawyer who can protect your rights and get you the maximum compensation to which you are entitled.

    Where Can I Learn More?

    Hayhurst Law can help you determine whether your situation qualifies for medical malpractice lawsuits in Pennsylvania or West Virginia. State laws set limits on how long you have to file your case after an injury. These are known as statute of limitations laws. Don’t delay in getting your free consultation, our attorneys know how to evaluate your case in light of the applicable medical malpractice law and give you a realistic picture of the process and sound legal advice about what to expect.

    If you or someone you know has been injured due to negligence or medical malpractice, call our Morgantown medical malpractive attorney or write to us online. Free consultations.

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