A Guide to the Different Types of Medical Lawsuits

  • Law CredoLaw Credo
  • 2023-05-20 05:42:52

Not sure what type of lawsuit to file?

No one wants to win a medical malpractice lawsuit, but sometimes mistakes happen. When that happens, it's a good idea to know what type of medical lawsuit is best for you. 

Your doctor could order the wrong diagnosis, prescribe the wrong medication, or fail to diagnose a life-threatening disease. The end result could mean a lifetime of pain and suffering or losing your life.

Here are a few different medical lawsuits to consider.


Medical lawsuits are claims brought against a physician or other healthcare provider for negligence in the diagnosis or treatment of a medical condition. Misdiagnosis is a common type of medical lawsuit and can come in many forms.

Sometimes, a patient is misdiagnosed with an inaccurate or improper diagnosis of their medical condition, resulting in misinformed, inadequate, or delayed treatment.

Additionally, a patient could be incorrectly diagnosed with a condition they do not have, which is also a form of misdiagnosis. In addition to a misdiagnosis, a patient could be incorrectly prescribed medication or treatment, fail to diagnose a medical condition or be informed of a condition that does not exist. 

Delayed Diagnosis

Medical Lawsuits for Delayed Diagnosis involve situations where a healthcare practitioner negligently fails to diagnose a condition, resulting in a patient suffering adverse consequences of the delay.

In a Delayed Diagnosis case, plaintiffs must show that the medical practitioner deviated from the established professional standard of care and that deviation caused specific injuries to the plaintiff.

In some cases, the delay can lead to the patient experiencing more severe symptoms of a condition that was not accurately diagnosed. In other cases, the delay can result in a worsening of the condition or a complete lack of response to medical treatment. 

Surgical Errors

Surgical errors can lead to a variety of medical lawsuit types. These may include medical malpractice suits, product liability cases, and wrongful death lawsuits.

In some cases, a medical malpractice suit may be filed when a doctor or medical professional has failed to provide a reasonable level of care, resulting in injury to a patient.

Product liability cases may involve medical devices such as prosthetics or joint implants that are defectively designed or manufactured, resulting in injury or death.

If a person dies due to a medical professional’s negligence, a wrongful death lawsuit may be pursued to secure compensation for the survivors. 

Birth Injuries

Birth injuries are the result of medical negligence or inadequate medical care and are often the basis of medical lawsuits. Common types of birth injuries that can trigger a medical lawsuit include cerebral palsy, Erb’s palsy, brachial plexus injuries, spastic paralysis, placental abruption, hypoxia, and shoulder dystocia.

In order for a successful medical lawsuit, the medical procedure must be deemed to have violated the standard of care necessary to protect a child from injury.

A medical lawsuit will require a detailed examination of medical records and witness testimony in order to build a strong case. Consult professionals from https://joneslawsc.com/medical-malpractice/can-you-sue-a-doctor-for-withholding-information/ for legal help.

Explore More About Medical Lawsuit

Medical law lawsuits can be complicated depending on the circumstances, but it's important to understand that you have rights as a patient. Seeking legal advice can help you make a determination on how to pursue justice in an unfair situation.

We have provided a helpful guide to medical lawsuit types to help you understand how to proceed. 

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