Common Medical Related Lawsuits Explained
Medical malpractice lawsuits are the most commonly known type of medical-related claims, but there are several other categories of legal cases that may be filed after a medical procedure or product has caused a patient harm, while medical malpractice itself has several sub-categories of avenues of litigation that are distinct.
Medical Malpractice Cases
Experienced personal injury lawyers are the best advocates for anyone who has been harmed by the actions or negligence of a medical professional or organization and can best determine which category the claim falls under. That said, some of the most common sorts of malpractice lawsuits include: a failure to diagnose, a failure to treat the patient appropriately or as quickly as necessary, misdiagnosis, the lack of informed consent to a medical procedure, medication or prescription errors, problems with a surgical procedure and the failure to follow-up with appropriate or necessary treatment.
In all medical malpractice lawsuits the patient, also known as the plaintiff, must first legally establish the existence of a doctor-patient relationship, then prove that the doctor in question, or the defendant, provided a sub-standard level of care, as measured by a reasonable expectation of professional medical standards.
To successfully win a medical malpractice lawsuit, the plaintiff must then show that he or she was harmed and suffered damages as a result of the medical professional's negligent actions.
Other Types of Medical Lawsuits
Unlike medical malpractice lawsuits, which involve the professional negligence of individual health care providers or small health care organizations, other types of medical-related claims may be filed against a large organization, such as a drug manufacturer.
Drug Lawsuits
A drug lawsuit is a claim filed directly against a drug manufacturer and can be used in situations where prescription or over-the-counter drugs caused physical damage or harm. This is specifically covered under product liability laws. The drug in question must have a clear and direct link to the damages sustained by the victim. In situations where numerous plaintiffs filed claims against a single defendant, the cases may be consolidated into a class action lawsuit.
Toxic Material or Chemical Exposure Lawsuit
Lawsuits may be filed by those whose health has been damaged through long or short-term exposure to a hazardous material, whether or not the material in question was known to be hazardous at the time. As this exposure can occur in the workplace, in a school or inside one's home, the defendants these claims are filed against may be single individuals or larger organizations. Asbestos is an example of a known hazardous material that causes dangerous side-effects and health problems, including the lung cancer mesothelioma, while the chemical benzene is linked to the rare blood disorder, myelodysplastic syndrome.
Medical Device Claims
Medical devices are products just like any other that do not function as they were intended or promoted, but in the case of a faulty medical device the consequences can be disastrous or deadly. Claims filed against the manufacturer of a defective medical device may successfully win the victims financial compensation for their suffering and related expenses and the option to repeat the procedure in which the medical device was used, without cost.