Do You Have A Strong Medical Malpractice Case?

Careless conduct which caused the injury or death of a person is the basic ingredient in a strong medical malpractice case. In some cases, they may be some “malpractice” from the subjective point of view but if the conduct didn’t cause any injury, it is not a strong point for the legal system. On the other hand, there are instances that didn’t incur any damages, but there is in fact a medical malpractice. These may not be considered as strong cases though. The past history of damage are not what interests the jury, they do become interested if there is a personal permanent injury or even unjust death.

Here are some cases that may be considered “strong cases”:

Childbirth cases:

  • A pregnant patient who was inappropriately monitored during her whole pregnancy and through labor, resulting to a difficult delivery and borne a baby with a permanent brain damage.
  • A diabetic mother who gave birth to a baby with a large baby syndrome who were not given the proper care in the delivery of the child and the baby suffered a shoulder-brachial plexus injury.
  • A newborn baby with metabolic disorder and who was inappropriately diagnosed by the attending hospital personnel suffered a permanent brain damage.
  • A patient’s obstetrician was late and the delivery was conducted by the nurses, after which, a pediatrician was not called after the child has been born causing brain damage to the baby resulting in possible lifelong care.

Drug addiction case:

patient who have undergone an uncalled for surgery resulting in relentless pain for which a medication that may be addictive was prescribed made the patient a drug addict.

Misdiagnosis cases:

  • The child died due to the physician’s failure to diagnose the problem when the child was brought to him because of swallowed foreign object.
  • The child has suffered permanent injury of the esophagus because the attending physician used the wrong antidote when the child appeared to have swallowed an alkaline solution.
  • The patient developed a fatal peritonitis because his appendix ruptured because he was misdiagnosed as he was suffering from appendicitis.
  • The patient died but the attending physician failed to diagnose that the patient is suffering from cancer.

Note: Medical malpractice cases do not usually have the need for neither settlement nor negotiations headed for settlements, until the case has been filed, all evidences have been presented and actions have been taken.

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