About Medical Malpractice Types

Medical malpractice is the branch of medicine and law dealing with medical providers mistreating patients and acting improperly within their scope of practice. There are various types of medical malpractice and each action or inaction fits into one of the categories. Doctors are protected by a wide variety of laws that keep them from being sued for every mistake they make. However, certain actions or inactions are blatantly wrong, and thus subject to legal review.

  1. Hippocratic Oath

    • Doctors take a Hippocratic oath, swearing to treat patients with respect, knowledge and the ability they possess. The Hippocratic oath is a way to keep doctors practicing ethical procedures whenever possible. This is not to say that doctors never make mistakes, but for the majority of health care providers, this keeps their conscience in check and keeps them practicing ethically. For those who do not practice ethically regardless of their responsibilities, medical malpractice laws protect their victims.

    Failure to Diagnose

    • According to the Physician Insurers Association of America, there are four common accusations when medical malpractice is in question. The most common accusation and complaint is failure to diagnose. This means that the physician in charge does not diagnose a patient with a medical condition. This can be a result of negligence, misdiagnosis or failure to make a diagnosis for any other reason.

    Incorrectly Performed Procedure

    • The second most common accusation with medical malpractice is an incorrectly performed procedure. This can range in a variety of ways, from minimal to extreme. An incorrectly performed procedure typically means that part or all of a procedure is done improperly, and may result in injury or damage. The damage is sometimes detected directly following the procedure, and other times it shows up down the road.

    Error in Diagnosis

    • Error in diagnosis refers to making a mistake when diagnosing a condition. This is often difficult to prove, as people present with different symptoms and their symptoms can look like something else. An error in diagnosis can have devastating effects on the patient, as it can lead to improper treatment, and in some cases, a delay in a time-sensitive treatment for conditions such as cancer, heart problems, and appendicitis.

    Failure to Perform Procedure

    • Failure to perform a procedure may result because of a misdiagnosis and thus failure to treat, or it can be a refusal to perform a necessary procedure for various reasons. This is a serious problem, as failing to perform a procedure can result in latent or inadequate treatment for a serious or life-threatening condition. This is one of the least common complaints in medical malpractice, as most procedural errors come with improper performance during a procedure.

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  • Photo Credit "Dermatóloga" is Copyrighted by Flickr user: Daquella manera (Daniel Lobo) under the Creative Commons Attribution license.

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