10 Common Types of Medical Malpractice

Each year, more than 250,000 people in the United States die as the result of various types of medical malpractice. This makes medical mistakes the third leading cause of death in the country, behind cancer and heart disease. Furthermore, because negligence is not typically documented on death certificates, experts believe this is actually a conservative estimate.

If you or a loved one is injured due to medical malpractice, hiring a medical malpractice attorney can help you get the compensation you deserve. Here’s what you need to know about malpractice in the medical field.

What is medical malpractice?

Medical malpractice is when a patient suffers harm because of professional negligence on the part of a doctor or other health care provider. These can happen in either a hospital, primary care physician or nursing home setting.

To prevail in a medical malpractice lawsuit, the plaintiff has to prove the doctor or health care provider caused injury or death by failing to meet the applicable standard of care.

In a malpractice claim, the actions of the doctor or health care provider are compared to what doctors and/or health care providers would do when exercising ordinary reasonable care under the circumstances.

The standard of care is established by expert testimony.

What is a “never event” in medical malpractice cases?

As the name implies, the term “never event” refers to a mistake that should never happen in a health care setting under any circumstances. Most of these preventable incidents are the result of medical negligence, such as performing surgery on the wrong site, using the wrong blood type for a transfusion or failing to check for drug allergies or adverse interactions before prescribing medication.

To motivate hospitals to improve patient safety protocols, Medicare and some health insurance companies refuse to reimburse providers for treating victims of certain never events. In those instances, the hospital must assume these expenses without passing them on to the patient.

Types of medical malpractice

Malpractice takes many forms. Some types of negligence are harder to recognize, especially when the patient does not discover the harm until weeks, months, or even years later. Doctors, nurses, technicians, or other health care practitioners can commit negligent acts that cause patients to suffer serious consequences.

Here are the 10 most common types of medical malpractice:

Misdiagnosis

The most frequent form of malpractice is a misdiagnosis or failure to diagnose a condition that can cause serious harm. For example, suppose a doctor or technician fails to diagnose a fractured knee or ankle during an emergency room visit. As a result, the patient could lose mobility in the affected leg and/or face a lifetime of chronic pain. Furthermore, failing to diagnose a serious disease can cause severe illness or death.

Surgical errors

Many types of medical malpractice involve surgical errors. Such mistakes can range from operating on the wrong patient or body part to failing to provide adequate post-surgical care. In addition, unsanitary conditions can cause illness and serious infections.

Incorrect treatment of a medical condition

A patient may experience deadly consequences when a physician provides the wrong treatment of a critical illness or injury. This also applies to doctors who fail to provide treatment for a patient’s condition.

Birth injuries

A birth injury can result when a doctor or technician makes an error during pregnancy, labor and/or delivery. The most common type of birth injury is cerebral palsy, which may result when a newborn is deprived of oxygen during the birth process. Other mistakes that may cause birth injuries are improper monitoring or failing to perform a C-section when necessary.

Cancer misdiagnosis

When a doctor misdiagnoses a serious disease such as cancer, the consequences can be fatal. Patients whose cancer is detected and treated in the early stages have higher survival rates. Therefore, if a patient is not diagnosed when symptoms first appear, the disease is likely to progress to a stage where treatment is no longer effective.

Medication errors

Many malpractice claims involve errors in prescribing and administering medication. A doctor may prescribe the wrong drug or dosage. In addition, a pharmacist may misread a prescription and provide the wrong medication to the patient. Further, a patient can have a life-threatening reaction if a doctor fails to check for drug allergies or interactions with existing medications.

Bedsores

Also known as pressure ulcers, bedsores form when a patient is left in the same position for too long. Bedsores, which are a sign of neglect or inadequate care, are commonly seen in hospitals and nursing homes. If left untreated, bedsores can become infected and lead to more serious health problems.

Anesthesia errors

If an anesthesiologist or nurse anesthetist makes a mistake, it can cause permanent injury, brain damage or even death. Common errors include failing to review the patient’s medical history or improperly monitoring vital signs during surgery.

Dental mistakes

Like physicians, dentists and oral surgeons can also make harmful mistakes. A patient can suffer serious harm if a dentist misdiagnoses oral cancer or makes a mistake when administering anesthesia.

Healthcare-acquired infections

Sometimes referred to as “hospital-acquired infections” or “HAIs,” these infections occur in one out of 31 hospital patients on any given day, according to the Centers for Disease Control and Prevention (CDC). Many infections are prone to rapid spreading, especially in patients with weakened immune systems due to age or other conditions. In some cases, infections that go unnoticed or do not respond to antibiotics can lead to death.

Common HAIs include bloodstream infections from improperly placed IVs, urinary tract infections caused by erroneous use of catheters, infections at surgical sites and pneumonia resulting from faulty ventilator protocols.

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