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The most common medical malpractice cases

Did your treatment by a doctor or at a hospital result in severe injuries? If so, contact the Law Office of Steven R. Smith as you may have a claim against the doctor or hospital if the method of treatment was different from the accepted methods used in the community, and your injuries were a result of that treatment.


There are various types of medical malpractice claims. Generally speaking, as a claimant, you must show the following:


• The health care provider owed a duty to you as a patient

• The health care provider breached that duty

• You suffered an injury

• Your injury was a proximate cause of the health care provider's breach


The administration of anesthesia requires the use of sensitive techniques. Improper use of anesthetic agents, oxygen, and other substances and equipment can result in serious physical impairment or even death. It's important for the acting anesthesiologist to check and make sure that the patient does not have any conditions that may cause complications - before any anesthesia is administered. Failure to thoroughly check for these conditions, or proceeding despite them, can also lead to serious injury.

These are common bases for medical malpractice cases.


Burn Therapy

Emergency therapy on serious burns needs to adequately prevent excessive injury, loss of tissue, or death. Failure to do so means the care providers can be held liable in a medical malpractice lawsuit.


Child Delivery

Medical professionals assisting with your pregnancy and childbirth have many issues to consider and contend with. These include Rh-incompatibility, large baby syndrome, and many other complications that can cause malformations, birth injury, cerebral palsy, or brain injury. If any of these outcomes were caused by inattentive care, the care providers may have committed medical malpractice.


Surgical Errors

Surgery on almost any organ or other structure of the body carries risks. The procedure may fail, or serious side effects can occur if evaluation, preparation, any part of the surgery, or post-operative care is performed incorrectly. An experienced medical malpractice attorney can help victims of surgical errors determine if they have a valid lawsuit.


Medication Issuance

Being issued insufficient amounts of medication, or improper instructions regarding its usage, can be detrimental to your health.


General Failure to Diagnose

Injury resulting from medical professionals making incorrect diagnoses when given sufficient information is a typical cause for a medical malpractice lawsuit. This can occur in the case of diseases, damage to bone structure, exposure to toxic chemicals, and a number of other conditions. Failure to diagnose breast cancer can account for as much as 40% of medical malpractice cases.



Medical personnel that employ medical procedures or drugs that are unapproved by reputable organizations are at risk for medical malpractice.


General Improper Procedure

Medical professionals can make simple mistakes that can prove to be costly to the injured party. Examples include delays in treatment or failure to obtain proper consent for treatment. If you're a victim of such carelessness, you should contact a medical malpractice attorney immediately after you suspect negligence has occurred so the responsible party can be held accountable.


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