What Are the Most Common Medical Malpractice Claims? (2024)

What Are the Most Common Medical Malpractice Claims? (1)

Any deviation from accepted ethical standards can result in medical malpractice. Some claims happen more frequently than others.

In no particular order, the following are types of the most common medical malpractice claims:

  • Misdiagnosis or delayed diagnosis.
  • Failure to treat.
  • Prescription drug errors.
  • Surgical or procedural errors.
  • Childbirth injuries.

You might be shocked to learn that medical errors are the third leading cause of death in the U.S., according to Johns Hopkins. This accounts for nearly 250,000 deaths a year, although the Journal of Patient Safety claims that this number could be as high as 450,000.

Misdiagnosis or Delayed Diagnosis

About one-third, or 33% of all filed malpractice claims from 2013 to 2017 were related to missed or delayed diagnoses, according to an article in Modern Healthcare.

An incorrect or late diagnosis may result in unnecessary treatments or a patient not receiving timely treatment.

A misdiagnosis can happen when a physician fails to:

  • Recognize clinical signs and symptoms.
  • Order medical testing or seek additional information.
  • Refer the patient to a specialist.

Other types of errors that can affect the identification of an illness include:

  • Mislabeled lab or test results.
  • Lost test results.
  • Errors when conducting a test or evaluating data.

A timely and accurate diagnosis can have life or death consequences. A medical professional who is reckless with this process should be held accountable.

For example, according to a mesothelioma lawyer form our firm, some of the most prominent medical malpractice cases of our contemporary times involved failure to timely diagnose or misdiagnose altogether mesothelioma. It is a type of cancer commonly encountered in older men who have been exposed to asbestos years ago. The problem with such cases is that the misdiagnose or the improper treatment of mesothelioma caused this already debilitating disease to worsen, leading to fatalities.

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Failure to Treat

Failure to treat violates the standards of care that a medical caregiver accepts when taking on patients, according to the Western Journal of Emergency Medicine. This negligence is a frequent cause of malpractice claims.

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.
  • Neglecting to consider a patient’s medical history when prescribing medicine or treatment.

In some instances, a doctor’s failure to treat is caused by caring for more patients than they can handle. This requires the professional to dig into their resources and direct the patient to another caregiver who can provide treatment.

Prescription Drug Errors

Mistakes involving prescription drugs can cause anything from a mild allergic reaction to the loss of life.

Specific types of prescription drug errors include:

  • Prescribing the wrong medicine for a diagnosed condition.
  • Prescribing an incorrect dosage (either too much or too little).
  • Failing to recognize potentially dangerous drug interactions or allergic reactions.
  • Failing to recognize signs of addiction, abuse, or overdose that can increase health risks.

Sometimes a hospitalized patient can receive the wrong medicine. If a negligent pharmacist incorrectly fills a doctor’s prescription, they may be found accountable for causing a patient harm.

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Surgical or Procedural Errors

Whether it is emergency or elective surgery, there are many medical professionals in an operating room with a duty to prevent you from harm. The same is true for an out-patient procedure, such as a biopsy.

Some of the most common mistakes that can occur during surgery include:

  • Performing on the wrong part of the body.
  • Performing surgery on the wrong patient.
  • Tools, gauze, or other medical devices left inside the patient.
  • Reactions or problems to anesthesia.
  • Failure to follow accepted medical practices before, during, and after surgery.

Doctors, nurses, and other healthcare professionals must properly communicate vital patient information to each other during surgery to avoid an error.

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Childbirth Injuries

Injuries that occur before, during, or after childbirth can have catastrophic results.

Birth injuries can be caused by:

  • Substandard prenatal care.
  • Improper use of forceps or excessive force removing a baby from the birth canal.
  • The umbilical cord wrapped around the baby’s mouth, nose, or neck.
  • Failure to recognize fetal distress.
  • Failure to perform a C-section when necessary.
  • Dropping, shaking, or mishandling a baby during or after birth.

If the mother did not receive notice of prenatal health conditions before birth, this could be the basis of a medical malpractice case. For example, if a doctor fails to inform the mother that their child will have Downs Syndrome, this is considered poor practice.

How a Medical Malpractice Lawyer Can Help You

If you or a family member is suffering from injuries or an illness that you suspect may be related to medical error, you should contact a medical malpractice attorney.

A malpractice lawyer can investigate the circ*mstances of your case, identify liable parties, and help you recover damages for your physical and emotional injuries.

By building and arguing a solid case on your behalf, your medical malpractice lawyers can help you be awarded damages for medical treatment, lost pay, and other losses. You may also prevent another person from being harmed by a negligent doctor, nurse, or medical facility. If your case goes to court and the jury finds that you were treated with gross negligence, you may also receive punitive damages.

Call Our Medical Malpractice Law Firm Today for a Free Case Evaluation

Depending on where you live, you may have a limited time to pursue legal action. Our medical malpractice attorneys work on a contingency basis only which means if there is no recovery for you, there are no fees for us.

Call Ben Crump Law, PLLC today for a free case evaluation at 800-641-8998.

Call or text 800-641-8998 or complete a Free Case Evaluation form

What Are the Most Common Medical Malpractice Claims? (2024)

FAQs

What are the 4 C's of medical malpractice? ›

The four C's of medical malpractice – compassion, communication, competence and charting – serve as a cornerstone to help doctors and other care providers navigate their interactions with patients in order to avoid medical malpractice lawsuits.

What is the most common allegation in malpractice claims? ›

Multiple studies have concluded that misdiagnosis is the most common cause of malpractice claims. Misdiagnosis includes failure to diagnose a medical problem that exists or making a diagnosis that is incorrect.

What is the basic for most medical malpractice claims? ›

The injured patient must show that the physician acted negligently in rendering care, and that such negligence resulted in injury. To do so, four legal elements must be proven: (1) a professional duty owed to the patient; (2) breach of such duty; (3) injury caused by the breach; and (4) resulting damages.

What are the odds of winning a medical malpractice suit? ›

According to one large-scale study of medical malpractice claims, physicians win: 80 to 90 percent of jury trials involving weak evidence of medical negligence. 70 percent of jury trials in borderline cases. 50 percent of cases with strong evidence of medical negligence.

What is the hardest element to prove in a medical malpractice case? ›

Which element of malpractice is hardest to prove? Proving negligence is often the most challenging element of a medical malpractice case. It requires demonstrating that the healthcare provider's actions deviated from the standard of care and that this deviation directly caused harm to the patient.

What five 5 elements needed to be present to prove malpractice? ›

Do you want to hold another party accountable for their negligent behavior? Doing so means you and your lawyer must prove the five elements of negligence: duty, breach of duty, cause, in fact, proximate cause, and harm.

Who is most liable for medical malpractice? ›

A hospital generally is liable only for malpractice by its employees, which tends to exclude most doctors, although there are situations in which a hospital still may be liable for malpractice by a doctor.

What is the difference between malpractice and negligence? ›

When a medical provider's actions or inactions fail to meet the medical standard of care, their behavior constitutes medical negligence. If their medical negligence causes their patient to suffer an injury, it becomes medical malpractice.

What reason have patients given for filing malpractice suits? ›

The 4 predominant reasons prompting patients to file a lawsuit included 1) a desire to prevent a similar (bad) incident from happening again; 2) a need for an explanation as to how and why an injury happened; 3) a desire for financial compensation to make up for actual losses, pain, and suffering or to provide future ...

Who can and Cannot be guilty of malpractice? ›

A professional is held to a higher standard than someone with no knowledge of proper procedure. To determine whether someone is guilty of malpractice, the courts will look at whether the accused has the status of a professional. No one can sue the receptionist at a medical center for malpractice.

What medical specialty is least sued? ›

The specialties at lowest risk of lawsuits include allergists and immunologists, with 7% of physicians being sued during their careers, and hematologists and oncologists, with 8% of physicians being sued during their careers.

What is an example of negligence in the medical field? ›

Failure to diagnose, such as missing the symptoms of serious heart disease. Failure to perform or order appropriate medical testing. Failure to adequately monitor a patient. Anesthesia mistakes.

How long do most malpractice cases take? ›

On average, most medical malpractice cases take 2-3 years to settle. However, if a medical malpractice case does not settle and goes to trial, the lawsuit can take up to 4 years. In cases where compensation exceeds $2 million, the timeline is often 5-15 years.

Is suing a doctor hard? ›

Yes, you may be able to sue your doctor or other healthcare professional. There are circ*mstances in which you may have a legal claim against your healthcare provider, including your doctor, for medical malpractice. However, medical malpractice suits are expensive, hard to win, and present many challenges.

Why are medical malpractice suits hard to win? ›

To win a medical malpractice case, you will need to prove negligence on behalf of a medical professional, which can be challenging. This process entails expert witness testimony on what the defendant should have done under relevant professional medical standards.

What are the four D's necessary for a malpractice suit? ›

To have a medical malpractice case, you must meet the four Ds—duty of care, deviation of duty, direct cause, and damages. For more information, contact an experienced medical malpractice attorney.

What four components must be proved in a malpractice case? ›

Establishing a medical malpractice case involves proving four key elements: Duty, Breach, Causation, and Damages. By understanding these elements, individuals can have a clearer idea of when and how to pursue a medical malpractice claim.

What are the four elements that must be satisfied in order for malpractice to have? ›

To establish negligence in a medical malpractice claim, 4 fundamental criteria must be satisfied. These legal elements include a professional duty owed to a patient, breach of duty, proximate cause or causal con- nection elicited by a breach of duty, and resulting in- juries or damages suffered.

What are the 4 Ds of negligence that are necessary to demonstrate medical malpractice? ›

These elements, the “4 Ds” of medical negligence, are (1) duty, (2) deviation from the standard of care, (3) damages, and (4) direct cause. If you suffered serious injuries due to a doctor or other healthcare professional's negligence, you could be entitled to compensation for your losses.

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