Examining the Common Types of Gilbert Medical Malpractice Cases

Gilbert medical malpractice

Medical malpractice is a broad category of tort law that applies to physician error, negligence, or failures to act.

While malpractice comes in many forms, four types are more common: misdiagnosis, birth-related injuries, medication errors, and surgical errors.

Per Becker’s Hospital Review, a total of 12,142 malpractice payouts occurred in the United States totaling $3.6 billion in 2012 alone. Most of the errors in those cases involved misdiagnosis – the leading cause of malpractice in the U.S.

Exploring the 4 Most Common Types of Medical Malpractice Claims in Arizona

These types of errors are preventable, and often result from rushed diagnostics, incompetent physicians, or understaffing.

1. Misdiagnosis of Illness or Condition

Misdiagnosing is the leading cause of malpractice and a typical doctor error.

The most commonly misdiagnosed diseases and conditions include infections, tumors, heart attack, blood clots, and coronary diseases.

Misdiagnosis can occur with complex conditions and chronic illnesses because patients might not show the textbook symptoms. However, a physician must perform diagnostics to diagnose properly.

2. Birth-Related Injuries and Complications

Childbirth is traumatic on the human body, but when injuries or complications occur, there might be an issue of negligence. Physicians are required to monitor patients properly, assess the weight of the infant, and use all birth-assisting devices properly.

Some complications associated with negligent care include:

  • Trauma to the newborn
  • Excessive bleeding or blood loss
  • Pre-eclampsia or eclampsia
  • Surgical errors
  • Infection

3. Medication Errors in Prescribing or Administering

Medication errors are common but preventable.

These errors in prescribing or administering can include:

  • Failure to review the patient’s medical history for possible interactions or allergies.
  • Administering the wrong amount of medication (whether too much or too little).
  • Administering the wrong medication to the patient.
  • Pharmacy is dispensing the wrong medication.

4. Surgical Errors

Surgical errors occur by the surgeon or anesthesiologist during the procedure. These might include post-operative infections, nerve damage, leaving a surgical tool in the patient, or failing to monitor vitals.

Filing a Gilbert Medical Malpractice Case – Time Limits How Long Victims Have to File

Under the statute of limitations, the law limits a victim to two years to take legal action. If the victim is under 18 years, then the statute of limitations does not begin until the child reaches 18 years.

The two-year window starts from the reasonable time the victim discovered the injury. Therefore, if a victim does not realize the mistake for two years, they still have two years from the date of discovery to file the claim.

Speak with a Gilbert Medical Malpractice Attorney Immediately

Anyone that suspects they are a victim of malpractice should consult with an attorney.

A malpractice advocate from Tobler Law can review medical records, consult experts, and file a claim on the patient’s behalf.

For compensation in your injury case, speak with a malpractice attorney during a free consultation at 480-898-9700 or contact us online.