What Are the Three Most Common Medical Malpractice Claims?

By Ben Gobel on September 17, 2024

Medical malpractice occurs when a healthcare professional deviates from the standard of care, causing harm to a patient. These errors can have devastating consequences, leading to prolonged suffering, additional medical expenses, and even death. 

Understanding the most common medical malpractice claims can help patients recognize potential issues and take appropriate action. Here, we delve into the three most frequent medical malpractice claims: surgical errors, misdiagnosis or delayed diagnosis, and medication errors.

Medical Malpractice Claim for Surgical Errors

Surgical errors are among the most alarming of medical malpractice cases. A surgical error can occur during any surgical procedure and can have severe consequences for patients. Common types of surgical errors by healthcare professionals include wrong-site surgery, accidental injury, and leaving surgical instruments inside the patient.

Wrong-Site Surgery

This occurs when a surgeon operates on the wrong part of the body. For example, a surgeon might perform a procedure on the left knee instead of the right. Such errors can lead to unnecessary pain and suffering, additional surgeries, and prolonged recovery times.

Accidental Injury

During surgery, there is a risk of accidental injury to organs, blood vessels, or nerves. These injuries can result in significant complications, including infection, loss of function, or even death.

Misdiagnosis or Delayed Diagnosis Claims

Misdiagnosis or delayed diagnosis is another common type of medical malpractice. This occurs when a medical professional fails to correctly diagnose a patient’s condition in a timely manner. The consequences of misdiagnosis or delayed diagnosis by a medical professional can be severe, leading to inappropriate medical treatment, worsening of the condition, and even death.

Causes of Misdiagnosis

Misdiagnosis can occur due to a variety of reasons, including inadequate patient history, failure to order appropriate tests, or misinterpretation of test results. In some cases, a healthcare provider may dismiss a patient’s symptoms or fail to refer them to a specialist.

Impact on Patients

The impact of misdiagnosis or delayed diagnosis on patients can be profound. Patients may undergo unnecessary treatments, experience a progression of their illness, or miss the opportunity for early intervention. In some cases, the correct diagnosis may only be made after the condition has become untreatable.

Medical Malpractice Claim for Medication Errors

Medication and prescription drug errors are another prevalent type of medical malpractice. These errors by medical professionals can occur at any stage of the medication process, from prescribing to administering the drug. Common types of medication errors include incorrect dosages, drug interactions, anesthesia errors, and administering the wrong medication.

Incorrect Dosages

Administering too much or too little of a medication can have serious consequences. An overdose can lead to toxicity and severe side effects, while an underdose may result in ineffective treatment and progression of the illness.

Drug Interactions

Prescribing medications that interact negatively with each other can cause harmful side effects or reduce the effectiveness of the treatment. Healthcare providers must carefully review a patient’s medication history to avoid potential interactions.

Steps to Take if You Suspect You Have a Medical Malpractice Case

If you suspect that you or a loved one has been a victim of medical malpractice, it is crucial to take immediate action. Here are the steps you should follow:

• Seek a Second Opinion: Consult another healthcare provider to evaluate your condition and provide an independent assessment.
• Request Medical Records: Obtain copies of all relevant medical records, including test results, treatment plans, and doctor’s notes. These records will be essential for evaluating your case.
• Document Everything: Keep detailed records of your symptoms, treatments, and communications with healthcare providers. This documentation can support your claim.
• Consult a Medical Malpractice Attorney: Contact an experienced lawyer to discuss your case. A lawyer for medical malpractice can help you understand your legal options and guide you through the process of filing a claim.

Legal Process for Medical Malpractice Lawsuits and What to Expect

The legal process for a medical malpractice claim can be complex and lengthy. Here is an overview of what to expect:

• Initial Consultation: During the initial consultation, your attorney will review your case and determine if you have a valid claim. They will explain the legal process and discuss potential outcomes.
• Investigation: Your attorney will conduct a thorough investigation, gathering evidence, consulting medical experts, and reviewing medical records. This step is crucial for building a strong case.
• Filing the Claim: Once the investigation is complete, your attorney will file a formal complaint against the healthcare provider or institution. This document outlines the allegations and the damages you are seeking.
• Discovery: During the discovery phase, both parties exchange information and evidence. This may include depositions, interrogatories, and requests for documents.
• Negotiation and Settlement: Many medical malpractice cases are settled out of court. Your attorney will negotiate with the defendant’s legal team to reach a fair settlement. If a settlement cannot be reached, the case may proceed to trial.
• Trial: If your case goes to trial, your attorney will present your case to a judge or jury. They will argue on your behalf, present evidence, and call witnesses to support your claim.

Contact Ogg, Murphy & Perkosky Today

Medical malpractice can have devastating consequences for patients and their families. Understanding the most common types of medical malpractice claims—surgical errors, misdiagnosis or delayed diagnosis, and medication errors—can help you recognize potential issues and take appropriate action. If you suspect you have been a victim of medical malpractice, seek legal help promptly. 

At Ogg, Murphy & Perkosky, our experienced attorneys are dedicated to fighting for the rights of medical malpractice victims. We understand the complexities of medical malpractice cases and are committed to providing personalized and compassionate legal representation. Our team will thoroughly investigate your case, gather necessary evidence, and work tirelessly to build a strong claim on your behalf. 

Contact us today at 412-471-8500 for a free consultation to discuss your case with a medical malpractice lawyer and learn how we can help you seek the compensation you deserve.