What Medical Malpractice is and How to Legally Deal With ItFew things are as scary as ending up in a healthcare center looking for help only to end up in incompetent or negligent medical hands. However, as scary as it sounds, research findings indicate that this is not as uncommon as most would want to imagine. In fact, recent studies of medical errors have estimated, about 251,000 deaths occurred yearly due to this. This is so alarming that it is impossible to ignore.

So what happens in case your friend or a family member is a victim of such? In such a case, you have the legal right to file a medical malpractice claim. You can claim such in case of the following common yet very dangerous medical malpractices.


Misdiagnosis is one of the most common forms of medical malpractices. Unfortunately, most victims of such are those suffering from serious illnesses such as heart attacks and cancer. Failure to properly and accurately diagnose such usually leads to life-threatening consequences for the victims. It is important to understand that under the law of negligence, the claimant ought to show that the healthcare provider acted out of negligence hence causing the misdiagnosis for such an instance to be treated as medical malpractice that justifies a medical malpractice claim.

Failure to treat

This is also common medical malpractice whereby a medical doctor correctly diagnoses a condition but fails to treat the condition with an acceptable standard of care. For example, there are instances where patients are discharged out of the hospital when it is too soon hence causing an injury or a condition to worsen. Unlike the error of misdiagnosis, it is easier for the victim to file a medical malpractice claim in this situation and win more easily.

Prescription Drug Errors

It is sometimes possible for a medical practitioner to prescribe the wrong medication. An example is when a pharmacist prescribes the wrong dose (Under-dose or Overdose), which can cause serious issues in an individual’s body, developing tolerance or resistance. Another example is the prescription of the wrong medicine or treatment procedure.

Surgical Errors

This medical malpractice has one of the most painful consequences for its victim. It usually happens when the surgical team leaves sponges or tools in the body during a surgery or when the wrong side is operated on. This usually forces the patient to be taken through another surgical procedure.

Birth Injuries

There is also the challenge of Birth Injuries, which happen to a newborn. It usually led to nerve damage, spinal cord injuries, cerebral palsy, and cephalohematoma. All of this could have been prevented.


In conclusion, medical malpractices are serious problems in the medical field with very serious consequences for its victim. The fact that there is a chance for the victim to file a medical malpractice claim is not only meant to act as a remedy for the victims but also to ensure that the number of instances that this happens is minimized as much as possible.

Have an Issue?

Be free to contact Samuel Johnson and Associates if you have an issue that you believe equates to medical malpractice. Our attorneys are ready just in case you need advice or legal help as you go through the legal process of claiming a medical malpractice charge.

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