What Are The Most Common Types of Medical Malpractice Claims?


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March 16, 2023 | Medical Malpractice

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We trust healthcare professionals such as doctors and nurses with our lives and health. We expect them to provide us with services aimed at improving or preserving our health. In many cases, these healthcare professionals do exactly that. However, there are instances when healthcare professionals make mistakes or act in a reckless or negligent way. When this happens, it can result in serious injuries and losses.

Reports indicate that more than 250,000 people in the US lose their lives as a result of medical malpractice every year. It is in fact the third leading cause of death in the country. Unfortunately, medical malpractice is often overlooked. They are also some of the most difficult types of claims to pursue.

Below, we discuss some of the most common types of medical malpractice claims.

  1. Medical misdiagnosis

Medical doctors undergo years of training in order to be able to identify symptoms in patients and provide patients with the appropriate treatment. Unfortunately misdiagnosis is quite common. This happens when a doctor fails to recognize the health condition that the patient is suffering from. The doctor instead diagnoses the patient with a different condition or no condition.

Misdiagnosis can lead to various problems including prescribing the wrong medication or the patient’s conditioning worsening to a stage whereby it cannot be easily treated or becomes untreatable. It can result in the wrongful death of the patient or complications that are irreversible.

  1. Delayed diagnosis

This is similar to misdiagnosis. However, in this case, the doctor takes too long to identify the condition that the patient is suffering from. By the time the doctor diagnoses the patient’s condition, it is too late to treat or fix it.

A delayed diagnosis can result in various problems such as the patient’s condition worsening and becoming untreatable, the patient suffering irreversible complications or the patient dying as a result of their condition.

Delayed diagnoses is considered medical malpractice if the initial assessment of the patient by the doctor is considered below the standard of care expected by other doctors of a similar level of training and experience in the geographical area.

  1. Failure to treat

In this case, the patient’s condition is correctly diagnosed. However, they do not receive the treatment they need. This may occur in various ways. The patient may be discharged too soon. The healthcare provider may fail to provide the patient with instructions for follow-up care. The doctor may fail to provide or order the appropriate medical tests. The doctor may fail to consider the medical history of the patient while prescribing them medication or providing other forms of treatment. Doctors may fail to refer their patients to a specialist as needed.

Failure to treat is considered medical malpractice if it can be shown that the patient did not receive the minimum standard of care that any other doctor of similar training and experience in the region would have provided.

  1. Childbirth injuries

Welcoming a new member of the family into the world ought to be a cherished experience. However, this can become a nightmare when healthcare providers cause errors before, during or after childbirth. Birth injuries may include failing to provide adequate prenatal care, failing to diagnose a serious complication, unnecessarily performing a C-section, failing to perform an a C-section in the event of an emergency, failing to recognize fetal distress, improper or excessive use of forceps as well  as mishandling the baby during or after their birth.

Birth injuries are especially devastating as they can result in a lifetime of pain and suffering for the child and their loved ones. Some effects of birth injuries include cerebral palsy which affects the child’s mobility, cognition and communication, shoulder dystocia, facial paralysis and bone fractures.

  1. Surgical errors

Medical professionals have a duty to prevent harm on their patients. Surgical errors occur when these healthcare professionals cause harm to patients during emergency or elective surgery. Surgical errors can occur when surgery is performed on the wrong part of the body or on the wrong patient, surgical equipment is left inside a patient’s body, surgical instruments used are not sterile, the patient is not provided with adequate aftercare or avoidable damage occurs to internal organs, nerves or tissues of the patient during surgery. Failing to warn a patient about the risks of a surgical procedure can also be considered medical malpractice.

While there are risks associated with all surgical procedures, surgical errors are avoidable. They occur as a result of the negligence of the healthcare provider.

Consult an Experienced Medical Malpractice Lawyer

If you or a loved one have been affected by medical malpractice, you should contact our law firm to consult with a medical malpractice lawyer for free. We will help you hold those responsible for your damages and losses accountable for their negligence.

Medical Malpractice Claims

Medical Malpractice Claims