Negligence claims alleging serious harm resulting from medical error must demonstrate that a plaintiff suffered an injury due to the error, and that the error itself was negligent. A claim may include one or more theories of liability to show negligence.
Reviewing the circumstances that led to your injury with an attorney can help you identify if a medical provider acted negligently. Here are some common grounds for medical malpractice in personal injury cases.
Failure to warn
If a medical care provider does not advise you of possible risks involved with a procedure, you may be able to seek compensation because you did not receive an adequate warning of a potential injury. If a doctor or administrator asks you to sign a waiver when you consent to a procedure, you are not necessarily signing away all of your legal rights if something goes wrong. Instead, you are acknowledging that there are possible risks.
A misdiagnosis or an oversight that results in your doctor failing to diagnose your condition in a timely manner can have serious consequences. A delay in diagnosing a condition may make it a lot more difficult to treat and also unnecessarily prolong your pain or discomfort.
In some instances, a defective product could serve as the basis for a medical malpractice claim. For example, a medical implant that was poorly designed or did not comply with design specifications may cause a significant disability or even a fatality. Both the doctor who used the implant and its manufacturer may be at fault.