3 Common Types Of Medical Malpractice Claims

Law Blog

Medical malpractice is when medical care actions fall below the appropriate standard of care and causes injury. You must prove four legal elements for your claim to fall under medical malpractice:

  • The professional duty owed to you as the patient
  • Breach of such duty
  • Injury caused by the breach 
  • Resulting damages

Compensation considers the actual economic and noneconomic losses. The following are common types of medical malpractice claims;

1. Misdiagnosis, Missed Diagnosis, and Medication Errors

Misdiagnosis means that the doctor diagnosed you with a condition you don't have. For example, diagnosing a stroke patient for vertigo or migraine. It results to:

  • Further sickening or/and death
  • Delayed diagnosis of your real condition until it's too late for treatment.
  • Frustration
  • Waste of time and money

Missed diagnosis means the disease goes unnoticed despite visiting a doctor. For example, it leads to serious results in cancer cases where you could manage the illness in earlier stages.

Medical professionals are held accountable for prescribing the wrong type of medication. Also, the quantities given ought to be right.

Medical professional's negligence that can cause misdiagnosis, missed diagnoses, and medication errors include:

  • Failure to take a thorough patient history
  • Failure to order test indicated by your symptoms
  • Misreading your test results
  • Jumping to conclusions, for example, labeling a patient as drug-seeking

If you experience a missed diagnosis, misdiagnosis, or medication error, consult an experienced medical malpractice attorney as soon as possible to discuss whether your claim has merit.

2. Surgical and Anesthesia Errors    

Never events are the most obvious incidents of malpractice during surgery. The medical profession acknowledges that these errors should never occur. F=This can include leaving the surgical equipment in the patient's body, operating on the wrong patient or wrong body part, or injuring another part of the patient's body during the procedure.

You don't need an expert testimony for such errors because the negligence is obvious.

Anesthesia errors can cause devastating consequences such as brain injuries and death. Examples of the anesthesiologist's negligence include:

  • Failure to review the patient's records for possible risk factors
  • Failure to provide patients with enough proper instructions
  • Failure to track patient's vital signs while administering anesthesia

Consult a civil litigation attorney if you experience a never event to help you get compensation.

3. Birth Injuries    

Professionals involved in the childbirth process are held accountable when they fail to:

  • Diagnose a medical condition or congenital disability in the child
  • Order a cesarean section when necessary
  • Handle complications in a competent manner
  • Properly use equipment like forceps

The above may cause lifelong harm to the mother and child. A medical malpractice attorney helps you get compensation in such cases.


If suffering from injuries related to medical error, contact your civil litigation attorney. They'll investigate the circumstances, identify liable parties, and help you recover damages.


23 May 2022

Do You Understand The Law?

When it comes to your personal rights, how much do you really understand the law. About ten years ago, I realized that I didn't really understand my rights when I was accused of something that I knew I didn't do. I could tell that I needed to work with a lawyer who had a better understanding of what I was up against, so I contacted a local team that could help. They were really incredible to work with, and I was impressed with how well they were able to fight the charges. This blog is here for anyone struggling with legal drama.