Most Common Types Of Medical Malpractice Claims

Medical malpractice happens when a professional working in the medical field breaches their duty of care to a patient that results in injury or death. These cases are rare, but costly. Malpractice lawsuits cannot only leave a doctor open to a large lawsuit but also leave open hospitals and medical facilities as well.

The duty of care is a respected relationship between a doctor and their patient. There is a reasonable amount of care that is to be administered by a medical professional. If that standard is violated, the doctor is considered to be in breach of their duty of care. Let’s take a look at some of the most common types of medical malpractice claims that patients file.


Misdiagnosis can entail both delayed, missed, or wrong diagnosis. Patients can undergo treatments that were unnecessary and even harmful to their body. In addition, those who did not receive a diagnosis when they should have, miss the opportunity for treatments. This type of case banks solely on proving that a competent doctor would have made a different diagnosis or a diagnosis sooner than the treating doctor did.

Childbirth Injuries 

Pregnancy is a very delicate time that requires the utmost care for a mother and the fetus. Doctors who fail to diagnosis conditions, identify birth defects or any existing diseases that could be harmful to the fetus can be sued for malpractice. There are many different times that malpractice can occur during pregnancy and a skilled lawyer from Gruber Law can help to identify these times.

Obstetricians and gynecologies are responsible for the proper treatment and identification of any abnormal circumstances. This constitutes during pregnancy, the birthing process, and after birth care. Because pregnancy can be a stressful experience for the mother’s body, it’s imperative that the medical staff monitor the mother’s condition very closely. Some conditions that are commonly overlooked include preeclampsia, hemorrhages, and diabetes.

Surgery Errors 

It’s possible for a surgeon to make a mistake in the surgery room. These include things like puncturing organs, operating on the wrong body part, and leaving surgical equipment inside of the body. In addition, these surgical malpractice claims can involve post-operation care as well. These could include things like giving the wrong medication, negligence of post-op care, or using improper procedures that cause an infection to occur.

Anesthesia Errors 

These can be extremely dangerous, as even small errors can cause permanent injury. Some of the most common errors that are made by anesthesiologists include giving patients too much anesthesia, not monitoring a patient’s vital signs, improperly inserting a trachea tube, and not informing patients of post-op necessities.

Medical Errors 

Medical errors have been reported to harm over 1.5 million people each year in the United States. This type of error typically occurs with medication. Some cases are filed for giving the patient the wrong medication, the wrong dosage, and for prescribing a patient medication for a misdiagnosed condition.

These can be both hands-on errors and machine errors. For example, a doctor could write the wrong amount of the prescription. A nurse may accidentally administer the wrong amount of a medication. Lastly, a machine that dispenses the medication could malfunction and give the patient way more than the recommended dosage.

Medical malpractice happens and it’s best to speak to a skilled medical malpractice attorney to discuss your case before settling anything with a hospital or individual doctor. Malpractice mistakes could lead to chronic conditions that can require medication attention for the rest of your life. These are important facts to consider before settling any malpractice case.

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