What Medical Malpractice Allegations Are Most Common?

Any ethical standard that has been established and is broken can result in medical malpractice.

Certain claims are more common than others.

The following are the most typical claims for medical malpractice, in no particular order:

  • delayed or incorrect diagnosis
  • neglecting to treat.
  • medication mistakes on prescription.
  • surgical or administrative errors.
  • birth-related injuries.

You might be surprised to find that, according to Johns Hopkins, medical errors are the third most common cause of death in the United States.

According to the Journal of Patient Safety, this causes roughly 250,000 deaths annually, while this number may perhaps be as high as 450,000.

Delayed or Incorrect Diagnosis

According to a Modern Healthcare report, missing or delayed diagnoses accounted for around one-third, or 33%, of all malpractice claims that were submitted between 2013 and 2017.

A patient may not receive timely therapy or undergo unnecessary procedures as a result of an inaccurate or delayed diagnosis.

When a doctor neglects to: Recognize clinical signs and symptoms, a misdiagnosis may result.

  • Request medical testing or more information.
  • Send the patient to a professional.

Mislabeling of lab or test results is another form of inaccuracy that might influence the diagnosis of a disease.

  • missing test results
  • mistakes made when gathering data or conducting tests.

The difference between life and death can be determined by an immediate and correct diagnosis.

A medical professional who uses this procedure carelessly ought to be held accountable.

For instance, a mesothelioma attorney from our firm claims that some of the most well-known medical malpractice cases of the modern era involved failure to diagnose or complete misdiagnosis of mesothelioma.

It is a kind of cancer that often affects older males who have previously been exposed to asbestos.

The issue with such situations is that mesothelioma already crippling condition deteriorated due to misdiagnosis or ineffective treatment, which resulted in fatalities.

Call 800-641-8998 to schedule a free legal consultation.

Lack of Treatment

According to the Western Journal of Emergency Medicine, failing to treat a patient violates the standards of care that a medical provider agrees to when taking on a patient.

Claims of malpractice are frequently brought about by this neglect.


Some examples of failure to treat include:

  • Releasing a patient too soon from the hospital.
  • Failing to provide instructions for follow-up care.
  • Failing to order appropriate medical tests.
  • Not taking a patient’s medical history into account when recommending a medication or course of therapy.

Care for more patients than a clinician can manage occasionally results in a failure to treat.

In order to do this, the expert must tap into their resources and refer the patient to another caregiver who can administer care.

Prescription Drug Errors

Prescription medicine errors can result in anything from a minor adverse reaction to death.

Prescription drug errors can take various forms, including:

  • Prescribing the incorrect medication for a recognized illness.
  • Giving the incorrect dosage (either too much or too little).
  • Failing to notice allergy reactions or drug combinations that could be hazardous.
  • Ignoring the indicators of misuse, addiction, or overdose, which might raise health risks.

A hospitalized patient may occasionally be given the incorrect medication.

A careless pharmacist who fills a patient’s prescription wrongly could be held liable for the injury they caused.

Errors in Surgery or Procedure

There are numerous medical experts in an operating room with a duty to keep you safe, whether it is emergency or elective surgery.

For an outpatient operation like a biopsy, the same is true.

The following are some of the most frequent surgical errors:

  • Performing on the incorrect bodily part.
  • Operating on the incorrect patient.
  • Remaining inside the patient are instruments, gauze, or other medical equipment.
  • Issues or reactions to anesthesia.
  • Not adhering to standard medical procedures before, during, or after surgery.

To prevent mistakes during surgery, doctors, nurses, and other healthcare personnel must effectively convey crucial patient information to one another.

Birth-related injuries

Injury suffered prior to, during, or after childbirth can have disastrous consequences.

Prenatal treatment that is not up to par can result in birth damage.

  • Extracting a baby from the birth canal using forceps improperly or too firmly.
  • The baby’s mouth, nose, or neck was encircled by the umbilical cord.
  • Not recognizing fetal discomfort
  • Disregarding the need for a C-section.
  • Mishandling, shaking, or dropping a newborn during or after birth
  • An allegation of medical malpractice could be made if the mother was not informed of any prenatal health issues before the baby’s delivery.

Poor practice would be demonstrated, for instance, if a doctor failed to inform the mother that their kid will have Down syndrome.

What an Attorney for Medical Malpractice Can Do for You

A medical malpractice lawyer should be contacted if you or a family member has injuries or a disease that you believe may be caused by a medical mistake.

A malpractice attorney can look into the details of your case, find the responsible parties, and assist you in obtaining compensation for your mental and bodily harm.

Your medical malpractice attorneys can assist you in obtaining compensation for medical care, lost wages, and other losses by developing and advocating a strong case on your behalf.

You might also stop a negligent medical institution, doctor, or nurse from hurting someone else.

Punitive damages may also be awarded to you if your case is tried in court and the jury determines that you were handled with gross carelessness.

Any ethical standard that has been established and is broken can result in medical malpractice.

Certain claims are more common than others.