Medical errors happen more often than most people realize and when they do, the consequences can be devastating. A simple mistake by a doctor, nurse, or hospital staff member can lead to severe injuries, permanent health complications, or even death. Unfortunately, many victims of medical malpractice never pursue legal action because they don’t realize they have a case.
Medical malpractice occurs when a healthcare provider fails to meet the standard of care expected in their profession resulting in harm to a patient. But not every bad medical outcome qualifies as malpractice. So how do you know if you have a legal claim?
Understanding the most common types of medical malpractice can help you recognize whether you or a loved one has been a victim of negligence. Below, we’ll go over six of the most frequent medical errors that lead to malpractice claims and what you can do if you’ve been affected.
When Does a Medical Mistake Become Malpractice?
Not every bad medical outcome is considered malpractice. Doctors aren’t expected to be perfect, but they are required to follow the standard of care that a reasonably skilled medical professional would provide in the same situation. When a healthcare provider’s mistake goes beyond a simple error and directly causes harm to a patient, it may qualify as medical malpractice. For a medical malpractice claim to be valid, three key factors must be present:
- A doctor-patient relationship existed – The provider had a legal duty to treat you.
- The provider was negligent – They failed to follow accepted medical standards.
- Their negligence caused harm – The mistake led to injury, complications, or worsening health.
If a doctor, surgeon, nurse, or hospital made a serious mistake that resulted in lasting harm, you may have a case.
6 Common Types of Medical Malpractice
Medical malpractice can take many forms, but certain types of errors happen more often than others. When doctors, surgeons, or other healthcare providers fail to follow proper medical standards, the results can be devastating for patients. Below are six of the most common types of medical malpractice. If you or a loved one has experienced any of these situations, you may have grounds for a legal claim.
Misdiagnosis and Delayed Diagnosis
A correct and timely diagnosis is the foundation of proper medical care. When doctors fail to recognize a condition, misdiagnose it as something else, or take too long to diagnose it, the consequences can be severe. Delayed or incorrect diagnoses can lead to unnecessary treatments, worsening conditions, and missed opportunities for early intervention.
For example, a doctor might mistake cancer symptoms for a minor illness allowing the disease to progress unchecked. A heart attack or stroke could be dismissed as anxiety or indigestion delaying life-saving treatment. Infections, when not properly identified, can quickly escalate into life-threatening complications.
Not every misdiagnosis qualifies as malpractice, but when a doctor ignores clear symptoms, fails to order necessary tests, or misreads lab results causing direct harm to the patient, it may be grounds for a legal claim.
Surgical Errors
Surgery always carries risks, but when a mistake happens due to negligence rather than an unavoidable complication, it can have devastating consequences. Preventable surgical errors often referred to as “never events” because they should never happen can leave patients with serious injuries, permanent disabilities, or even life-threatening complications. Some of the most dangerous surgical mistakes include:
- Wrong-site surgery – Operating on the wrong body part or even the wrong patient.
- Performing the wrong procedure – A mix-up in medical records or poor communication can lead to an unnecessary or incorrect surgery.
- Leaving surgical instruments inside a patient – Items like sponges, clamps, or gauze can cause infections or internal damage.
- Anesthesia errors – Administering too much or too little anesthesia can lead to serious complications, including brain damage.
- Accidental nerve, tissue, or organ damage – A surgeon’s mistake can result in loss of function, chronic pain, or life-threatening injuries.
A patient undergoing surgery trusts their medical team to follow proper protocols. When surgeons, nurses, or anesthesiologists fail to uphold the standard of care, whether due to fatigue, miscommunication, or inattention, the consequences can be catastrophic. If a preventable mistake during surgery has led to serious harm, it may be a case of medical malpractice.
Medication Mistakes
Medication errors are among the most preventable forms of medical malpractice, yet they happen far too often. A simple mistake in prescribing, dispensing, or administering medication can have dangerous or even fatal consequences.
Doctors may prescribe the wrong drug, give an incorrect dosage, or fail to check for harmful drug interactions. In some cases, pharmacists misread prescriptions or fill the wrong medication. Nurses and hospital staff may also administer medication incorrectly, leading to overdoses or dangerous side effects.
Patients rely on medical professionals to ensure that prescriptions are safe and appropriate for their conditions. When a healthcare provider fails to follow proper protocols and a patient suffers harm as a result, it may be a case of medical malpractice.
Birth Injuries
Bringing a child into the world should be a joyful experience, but medical errors during pregnancy, labor, or delivery can lead to serious birth injuries. When doctors, nurses, or other healthcare providers fail to follow proper medical procedures, the consequences can be devastating for both the baby and the mother. Some of the most common birth injuries caused by medical negligence include:
- Cerebral palsy occurs when a baby suffers brain damage due to a lack of oxygen during birth.
- Brachial plexus injuries happen when excessive force is used during delivery, leading to nerve damage in the baby’s shoulder or arm.
- Fractures and broken bones can result from improper use of forceps or vacuum extractors.
- Delayed C-section complications occur when doctors fail to perform an emergency C-section in time, leading to distress and potential injury.
- Maternal injuries such as excessive bleeding, infections, or organ damage can happen when doctors fail to monitor the mother properly.
Birth injuries can cause lifelong complications that require ongoing medical care, therapy, or surgeries. If a medical professional’s negligence led to an avoidable birth injury, it may be considered medical malpractice. Families who have experienced this type of negligence may have the right to seek compensation for medical expenses, long-term care, and emotional distress.
Failure to Treat
Proper diagnosis is only the first step in medical care. When a doctor correctly identifies a condition but fails to provide the necessary treatment, a patient’s health can worsen, leading to serious or even life-threatening complications. This type of negligence is known as failure to treat and is a common form of medical malpractice.
Doctors may fail to treat a patient for several reasons. In some cases, hospitals and medical facilities are overcrowded, leading to rushed or incomplete care. A doctor may discharge a patient too early, fail to schedule necessary follow-up appointments, or neglect to refer the patient to a specialist. In other situations, healthcare providers may simply ignore a patient’s worsening condition or fail to adjust treatment when it is not working.
When a patient does not receive the care they need, their condition can deteriorate rapidly. If a healthcare provider fails to follow up or provide the standard level of treatment that a competent doctor would have in the same situation, it may be considered malpractice. Patients who suffer harm due to this type of negligence may have the right to pursue compensation for their injuries and losses.
Hospital Infections and Anesthesia Errors
Hospitals are meant to be places of healing, but poor sanitation, lack of infection control, and anesthesia mistakes can put patients at serious risk. When medical staff fail to follow proper safety protocols, preventable infections and anesthesia complications can lead to severe injury or even death. Some of the most common hospital-related malpractice cases include:
- Post-surgical infections caused by unsterilized equipment or improper wound care.
- Sepsis and bloodstream infections that develop when bacteria enter the body due to poor hygiene in medical facilities.
- Ventilator-associated pneumonia resulting from improper intubation or unclean breathing equipment.
- Anesthesia overdoses or underdoses that lead to complications ranging from severe pain to brain damage.
- Failure to monitor vitals during surgery resulting in a patient losing oxygen for too long, leading to organ failure or death.
These types of errors can have devastating consequences, as seen in a well-documented case involving a routine surgical procedure. A 45-year-old woman was scheduled for surgery at a Michigan hospital. During the procedure, the anesthesiologist failed to properly monitor her oxygen levels. As a result, she was deprived of oxygen for several minutes, causing permanent brain damage. She now requires full-time care and has lost the ability to perform daily tasks. A lawsuit against the hospital revealed that the anesthesiologist failed to follow basic patient monitoring protocols, leading to a multi-million-dollar malpractice settlement.
When hospitals and medical professionals fail to uphold basic safety standards, patients suffer the consequences. If an infection or anesthesia error led to serious harm, the responsible parties may be held accountable for medical malpractice.
Do You Have a Medical Malpractice Case?
Not every negative medical outcome qualifies as malpractice. To have a valid claim, certain legal elements must be present. If you suspect you were harmed due to medical negligence, consider the following factors to determine whether you may have a case:
- A doctor-patient relationship existed. The healthcare provider must have been responsible for your care at the time of the error.
- The provider was negligent. A mistake alone is not enough. The doctor, nurse, or hospital must have failed to meet the accepted standard of care.
- The negligence caused harm. The error must have directly resulted in an injury, worsened condition, or avoidable complications.
- You suffered damages. This may include medical expenses, lost wages, ongoing treatment costs, or pain and suffering.
Medical malpractice cases are among the most expensive and complex types of personal injury claims. To succeed, plaintiffs must provide extensive evidence, including expert medical testimony to prove that the provider’s actions fell below the accepted standard of care. These cases often require hiring multiple experts, conducting in-depth investigations, and preparing for lengthy legal proceedings.
Because of the high cost of bringing a medical malpractice lawsuit, claims are typically only viable if the damages are severe and long-lasting. Minor or temporary issues may not justify the expense and effort required to pursue a case. If you believe you have suffered significant harm due to medical negligence, consulting an experienced medical malpractice lawyer can help you understand your options and determine whether your case is worth pursuing.
Speak With a Lansing Medical Malpractice Lawyer Today
If you or a loved one has suffered serious harm due to a medical mistake, you deserve answers. Medical malpractice cases are complex, and hospitals and insurance companies will do everything they can to avoid responsibility. Having an experienced attorney on your side can make all the difference.
At The Clark Law Office, we understand how devastating medical negligence can be. Our team is committed to fighting for victims and their families, ensuring they receive the compensation they need for medical expenses, lost wages, pain and suffering, and long-term care.
We offer free consultations to help you understand your legal options. There are no upfront costs, and you won’t pay anything unless we win your case. Contact us today to speak with a Lansing medical malpractice lawyer and get the guidance you need.
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