Medical malpractice lawsuits are growing globally, and more and more patients want to understand details about these processes. But after all, what is medical malpractice, and what is a malpractice lawsuit like? Medical error can be characterized in different ways, the most common of which is negligence, malpractice, or imprudence.

Failure to diagnose a certain illness or misdiagnosis is a form of negligence that warrants a medical malpractice suit. Finding a good lawyer can be vital during this process. In this article, we will look at the different types of medical malpractice in detail to help you understand where your case falls. Read on!

Types of Medical Malpractice

The different types of medical malpractice include:

Medical malpractice due to negligence

This is the behavior of someone who omits himself, who fails to do something they should have done, either because of simple inattention or because they acted with disdain, for example. The doctor who should have performed a certain procedure that they don’t perform acts negligently and, therefore, negligence is characterized by conduct linked to the omission of the physician. Here we have a lack of care that should have been adopted.

Medical error due to recklessness

Contrary to negligence, in which the doctor fails to do something, in recklessness, the medical expert does what should not have been done. The doctor performs a certain procedure that could not have been performed or even acts wrongly, undertaking a different conduct from what is expected. For example, if a doctor grants the patient an early discharge, aware that the patient cannot do so or that the medical protocol requires more time for such conduct, their attitude is not cautious and may have incurred recklessness.

Medical malpractice error

In this case, the doctor does not have the aptitude or technical competence to act as they did. The professional, although a doctor, for example, doesn’t have the technical knowledge to solve the problem. There is some controversy about malpractice, as sometimes the doctor even knows, but this is not enough for them to act correctly. Therefore, the malpractice case ends up being classified as negligence or recklessness.

Within these modalities of guilt, many nuances should always be handled by a lawyer specializing in medical malpractice. Lawsuits such as civil liability for medical error, civil liability for dental error, or civil liability for misdiagnosis must be carefully evaluated by professionals.

Some attorneys use the analysis of medical experts who analyze cases to assess the chances of success of a lawsuit for medical malpractice, allowing the client or their family to understand the chances of the lawsuit. Sometimes, even though a medical error has occurred, the test can be complex and needs to be very well prepared.

What to do if you are a victim of medical malpractice

The first step is to keep a copy of everything: Whatsapp conversations, emails exchanged, medical orders, exams, and all clinical or surgical documents.

It is extremely important that you request a copy of your medical record at the hospital where the surgery was performed and, if applicable, also at the doctor's clinic where you were treated. All caution is essential, as over time, it is not uncommon for the medical record to change. The sooner you have these documents, the better because your lawyer will need to analyze whether or not there was an Informed Consent Form, the contract with the doctor, the information that was passed on to them, and everything that involved this relationship.

Remember: both the hospital and the doctor are obliged to provide you with a copy of the medical record, and you do not even have to justify why you want access to the medical record.