Most Common Types Of Malpractice Claims

Medical malpractice occurs when a healthcare provider deviates from the standard of care, leading to injury or harm to a patient. It’s a serious issue that affects thousands of patients annually, with certain types of medical malpractice being more common than others. Here are the four most common types:

Misdiagnosis Or Delayed Diagnosis

Misdiagnosis and delayed diagnosis are among the most frequent forms of medical malpractice. They occur when a doctor fails to diagnose a patient’s condition correctly or when the diagnosis is delayed to the point that the patient’s health deteriorates. Misdiagnosis can lead to incorrect treatment, unnecessary procedures, or a lack of treatment altogether, which can have dire consequences.

For instance, a patient with cancer who is misdiagnosed with a less serious condition might not receive the necessary treatment in time, allowing the disease to progress to a more advanced stage. According to a study published in BMJ Quality & Safety, diagnostic errors are a leading cause of serious medical harm, contributing to 10% of patient deaths and up to 17% of adverse hospital events.

Surgical Errors

Surgical errors are another common form of medical malpractice, and they can occur in various ways. Some of the most alarming examples include operating on the wrong body part, performing the wrong procedure, or leaving surgical instruments inside the patient. Surgical errors can lead to severe complications, including infection, unnecessary surgeries, and even death.

One notorious case involved a surgeon amputating the wrong leg of a patient, which underscores the catastrophic impact of such mistakes. The Journal of the American Medical Association (JAMA) highlights that surgical errors, often referred to as “never events,” should never happen under proper medical care. These events, though rare, are entirely preventable and usually stem from poor communication, inadequate preoperative planning, or simple human error.

Medication Errors

Medication errors are a significant concern in healthcare, involving mistakes in prescribing, dispensing, or administering medications. These errors can occur when a patient is given the wrong drug or dosage or is not monitored properly for potential side effects or interactions with other medications. The National Coordinating Council for Medication Error Reporting and Prevention defines medication errors as any preventable event that may cause or lead to inappropriate medication use or patient harm.

For example, suppose a patient is allergic to a specific medication, and the healthcare provider fails to note this and administers the drug. In that case, it can result in an allergic reaction, which can be life-threatening. Medication errors are especially common in hospitals, where the complexity of care and the use of multiple medications can increase the risk of errors. According to a study by the Institute of Medicine, medication errors harm at least 1.5 million people annually in the United States.

Birth Injuries

Birth injuries are among the most devastating types of medical malpractice, affecting newborns and their mothers during labor and delivery. These injuries can result from a variety of factors, including improper use of forceps or vacuum extractors, failure to perform a timely C-section, or failure to monitor the baby’s oxygen levels. Birth injuries can lead to long-term disabilities, such as cerebral palsy, Erb’s palsy, or brain damage.

In many cases, these injuries are preventable and occur due to the healthcare provider’s negligence. For example, a delayed C-section can result in prolonged oxygen deprivation to the baby, leading to brain damage. The American Journal of Obstetrics and Gynecology notes that while the majority of deliveries are safe, errors during childbirth can have lifelong consequences for the child and family.

Have You Or A Loved One Been Injured?

Medical malpractice is a serious issue that can have life-altering consequences for patients. Misdiagnosis, surgical errors, medication errors, and birth injuries are among the most common forms, each with its own set of challenges and implications. Victims of medical malpractice have the right to seek legal recourse to obtain compensation for their injuries and to hold healthcare providers accountable. If you or a loved one has suffered due to medical malpractice, it’s crucial to consult with a qualified medical malpractice lawyer who can help navigate the complex legal process.

 Thanks to our friends at Hall-Justice Law Firm LLC for their insight into medical malpractice claims.