What are common types of medical malpractice claims?

Medical malpractice involves the professional negligence of licensed healthcare practitioners and healthcare facilities. The details of each malpractice victim’s experience are unique, but most medical negligence cases arise in these circumstances:

  • Failure to diagnose. A doctor may wrongly interpret diagnostic tests, overlook test results, or neglect to order tests that would provide an accurate diagnosis. Had the physician properly diagnosed the patient’s condition, the patient could have received appropriate or more timely treatment and had a better outcome. 
  • Improper treatment. A healthcare provider may treat a patient in a way that differs from the treatment that most providers in the same situation would have rendered. If a provider fails to provide “to the patient, the patient may seek compensation for his or her economic and non-economic injuries. 
  • Failure to warn patients of potential risks. Healthcare providers have a duty to inform patients of the risks associated with a procedure or treatment. When a risk that a patient would not have otherwise undertaken becomes a reality, the provider may be held liable for medical malpractice.
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Case Examples

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Sommers Schwartz attorneys Matthew L. Turner, Kevin J. Stoops, and Rod M. Johnston filed a class action lawsuit against a cannabis lab over allegations that it failed to compensate its employees.   ...
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