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4 Times When a Malpractice Lawsuit is the Appropriate Route

A patient has the right to file a medical malpractice case when they are harmed by a doctor, nurse, or other medical professional because they failed to perform the medical duties they are required to perform by law. The rules about medical malpractice vary from state to state, but there are broad rules that apply in most medical malpractice cases.

Filing Medical Malpractice for Untimely Death

According to the Journal of the American Medical Association, more than 250,000 people in the United States die as a result of medical malpractice each year. Common practices that lead to medical malpractice deaths include infections caused by unsanitary hospital conditions, medical personnel who misdiagnosed a disease, errors committed by the anesthesiologist, and mistakes made during surgery.

Birth Defects That Result from Medical Malpractice

The birth of a child is usually a happy occasion. However, many parents have dealt with the traumatic experience of having their child injured during the childbirth process as a result of negligence on the part of the medical staff. One birth defect example is Brachial Plexus injury, which is an injury resulting from the doctor not carefully maneuvering the baby through the birth canal. As a result of Brachial Plexus injury, babies can be born with paralysis in their hands or fingers.

Cerebral palsy is another infirmity that can be caused by medical malpractice during the delivery process. For instance, a Philadelphia birth injury attorney knows that broken bones can also occur during the birthing process. If the negligent doctor does not detect that the infant is not getting enough oxygen to the brain and performs an emergency C-section, or if the doctor does not treat a dangerous infection, or does not provide proper care for premature birth, traumatic brain injury can occur and the child can be left with cerebral palsy.

Medical Malpractice for Brain Injuries

Brain injuries have been referred to as a silent epidemic. They are the second leading cause of disability in the United States. A medical malpractice lawsuit may be filed as a result of errors in diagnosing the ailment, errors in prescribing medicine, surgical errors, emergency room errors, or anesthesia errors that lead to a traumatic brain injury, which in turn impairs the patient’s cognitive, emotional, and motor abilities.

Medical Malpractice for Wrongful Amputation

Amputation of the wrong limb is a growing concern in hospitals around the United States. One would think that with modern technology things like wrongful amputations would not happen. However, statistics show that every single year thousands of individuals suffer from wrongful amputations. These injuries are devastating because the victim ends up having both limbs amputated.

The above scenarios are just a few of the reasons why a person would want to file a malpractice lawsuit. In order to have the best result in court, an individual filing a malpractice lawsuit should have the backing of a reputable personal injury attorney.

Author information: Rachelle Wilber is a freelance writer living in the San Diego, California area. She graduated from San Diego State University with her Bachelor’s Degree in Journalism and Media Studies. She tries to find an interest in all topics and themes, which prompts her writing. When she isn’t on her porch writing in the sun, you can find her shopping, at the beach, or at the gym. Follow her on twitter: @RachelleWilber.

Bob Kraft

I am a Dallas, Texas lawyer who has had the privilege of helping thousands of clients since 1971 in the areas of Personal Injury law and Social Security Disability.

About This Blog

The title of this blog reflects my attitude toward those government agencies and insurance companies that routinely mistreat injured or disabled people. As a Dallas, Texas lawyer, I've spent more than 45 years trying to help those poor folk, and I have been frustrated daily by the actions of the people on the other side of their claims. (Sorry if I offended you...)

If you find this type of information interesting or helpful, please visit my law firm's main website at You will find many more articles and links. Thank you for your time.

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