6 Different Types of Medical Malpractice

January 17, 2019 | Ed Bernstein
6 Different Types of Medical Malpractice

If you or a loved one have been the victim of medical malpractice in the state of Nevada, you are able to file a personal injury claim for medical malpractice. This allows you to recover money for your medical expenses, pain and suffering, and lost wages. There are different types of medical malpractice. Not everyone understands what medical malpractice is and what the different types are. Here are a few of the different types of medical malpractice.


One of the types of medical malpractice is a misdiagnosis. When you go to the doctor, emergency room or the hospital, you expect to be properly diagnosed. Unfortunately, though, that is not always the case. If you are misdiagnosed and your condition worsened or because of the treatment they provided, you may have a personal injury case.

Failing to Treat

Failing to TreatAnother common type of medical malpractice is the failure to treat an illness or injury or providing improper treatment. Once you are diagnosed, your doctor should provide you with a treatment plan to help cure what ails you. Unfortunately, though, some doctors may drop the ball and fail to provide you with treatment that is standard for the type of illness or injury you have. If you have suffered from this lack of treatment, you may be able to file a personal injury case.

Surgical Errors

There are many different types of surgical errors that can occur when you go in for surgery. Some common types include performing the wrong surgery, performing an unnecessary surgical procedure, using equipment that is not sterile, leaving surgical equipment in after the procedure and/or not providing proper care immediately prior to, during or immediately after the surgical procedure. All surgeries carry a risk when they are performed. However, if your surgeon or surgical team did not follow proper protocol and you were injured as a result, you may be eligible to file a personal injury case.

Birth Injuries

Birth InjuriesBirth injuries can be devastating to both the mother and the unborn child. If a baby was injured due to errors that were made during the prenatal care of the mother or during the birthing process, and/or if the mother was injured, one or both parties may be able to file a personal injury case. Unfortunately, negligence is the number one reason why birth injuries occur. If you or your child were injured and you feel the doctor was negligent or did not do their job, you will want to speak with a personal injury attorney.

Prescription Medication Errors

Currently, prescription medication errors are one of the most common types of medical malpractice cases to be brought against doctors. When a doctor prescribes you a medication, you expect that the doctor is ensuring that the dosage is safe and will not interact negatively with the other medications that you have told the doctor that you are taking. If you take a medication and the dosage was too high or it negatively interacted with your other medications, and you had to seek medical attention as a result of this, you may be able to file a personal injury case.

Medical Product Liability

Medical Product LiabilityThe last type of medical malpractice that is common is medical product liability. There are two different product liability types that are common. The first is a product malfunction. For example, if you have to use a walker and the walker has a defect that causes it to collapse, the product is faulty and has malfunctioned. You may be able to file a personal injury claim if you can show that the product malfunctioned and that you were injured as a result. The second type of product liability is defective products. In some cases, medical devices or medication can cause more problems. If the manufacturer should have known about these issues or tried to conceal these issues, you may have a claim. These types of cases often include medications that caused patients problems down the line or products that failed after a few years.


Have you been the victim of medical malpractice? If so, you need an experienced personal injury attorney in Nevada to assist you with your case. Here at Edward Bernstein & Associates, we can help you. Contact us today to schedule an appointment for your free consultation.  


Ed Bernstein

Edward M. Bernstein, Esq. is the owner and founding partner of Edward M. Bernstein & Associates, and one of the most recognizable figures in Nevada. Ed is one of state’s premier personal injury attorneys and has hosted The Ed Bernstein Show for over 31 years. He has served the Las Vegas community for decades with dozens of community appointments and terms of service. In the year 2000, he was Nevada’s Democratic nominee for the United States Senate.

Ed received his B.A. from Long Island University in 1971 and his J.D. from Widener University in 1975. Since then, Ed’s professional accolades include numerous publications, honors and awards, court appointments, and has been named one of America’s Top 100 High Stakes Litigators.