What Are the Most Common Medical Malpractice Claims?

Common Medical Malpractice Cases

Medical malpractice continues to be the third-leading cause of death across the United States. One in three medical professionals are sued for medical malpractice during their career and healthcare professionals make avoidable errors in upwards of 15% of all medical interventions. If a healthcare provider harmed you, you may have a claim for compensation.

Misdiagnosis or Delayed Diagnosis

Misdiagnosis and delayed diagnosis are the two most common forms of medical negligence. Misdiagnosis occurs when a medical provider fails to diagnose a condition properly. Delayed diagnosis happens when a healthcare professional fails to diagnose a patient in time.

When an incorrect or delayed diagnosis occurs, the patient loses valuable time to seek the correct treatment. Often, their condition worsens as the illness or injury progresses without their knowledge.

Some of the most common illnesses that are misdiagnosed or not diagnosed in time are cancers, vascular conditions (i.e., heart attacks), and infections. Women are the biggest population to be left untreated, as many doctors dismiss their symptoms.

Here’s an example of a misdiagnosis (and delayed diagnosis as a result of the misdiagnosis):

• A patient goes to the emergency room complaining of rib pain and shortness of breath. Her doctor attributes the symptoms to a pulled muscle. He tells her to stretch, do yoga, and take medication for the pain. The doctor fails to investigate the source of her pain thoroughly. He does not order tests or scans despite her worsening condition. Months pass, and the patient’s symptoms become more severe. The doctor finally ordered a CT scan, which showed a mass in her lung. A biopsy confirms that she has stage 3 lung cancer.

Due to the delayed diagnosis, the cancer likely progressed to a later stage. This could mean the patient needs a more aggressive treatment plan and could lower her chances of survival in the long run.

Failure to Treat

A ‘failure to treat‘ medical malpractice claim occurs when a healthcare provider correctly diagnoses a condition but fails to provide the correct treatment for it. Suppose the doctor chooses an improper treatment, discharges a patient too soon, does not order follow-up care, or prescribes the wrong medication or dosage of a prescription drug. In that case, the patient’s condition may become worse and even life-threatening.

An example of an injured patient with a failure to treat medical malpractice claim is:

• A patient goes to the hospital complaining of chest pain. Through a series of tests, the emergency room doctor confirms there is a partial blockage in the patient’s left anterior descending artery. Because it’s not a total blockage, the doctor prescribes the patient statins and sends him home. The patient’s condition worsens, and he returns to the hospital a week later, having a cardiac event. This time, he sees a different emergency room doctor. The new doctor performs an emergency bypass surgery on the patient’s heart, unclogging the blockage.

The difference in the two doctors’ treatment plans is where the medical malpractice claim lies. The first doctor failed to treat the blockage by removing it from the patient’s heart. It could be argued that if the patient’s blockage had been removed the first time he came into the hospital, he would have never experienced a heart attack.

Prescription Drug or Medication Errors

If a doctor prescribes the wrong medication or incorrect dosage or fails to recognize serious or fatal medication interactions, it can be grounds for a medical malpractice lawsuit. Prescription medical errors harm 1.5 million people annually, causing $3.5 billion in damages.

Here is a prescription error that would lead to a medical malpractice case:

• A patient has high blood pressure and is prescribed medication to lower it. The pharmacy receives the script for the medication but accidentally dispenses a medication meant for a different condition. The patient takes the inappropriate medication. The patient suffers a severe allergic reaction to the incorrect medication and ends up in the emergency room.

Surgical Errors

Surgical errors happen when a medical provider fails to conduct surgery properly or perform unnecessary surgery on a patient. The most common surgical errors are:

• Performing surgery on the wrong part of the body
• Performing surgery on the wrong patient
• Leaving medical equipment (gauze, sponges, tools, etc.) inside the patient
• Improper administration of anesthesia

The Regan Zambri Long, medical malpractice attorneys, recently won an $8 million settlement for a woman who was severely injured during a surgical procedure. The victim suffered a spinal cord injury and is living with quadriplegia as a result of surgical and anesthesia errors.

Birth Injuries

Unfortunately, birth injuries are common even in modern medicine. They result from medical negligence during the mother’s pregnancy, during delivery, or even immediately postpartum. Common birth injuries include:

• Incorrect use of forceps or vacuum suction during delivery
• Improper administration of Pitocin
• Failure to monitor the fetal heartbeat
• Failure to perform a C-section
• Mishandling the baby after birth
• Poor prenatal care
• Failure to recognize stress

Let’s take a look at an example of a birth injury caused by malpractice:

• Fetal monitoring indicates the mother’s baby is quite large, which can cause complications during delivery. Despite the signs, the doctor does not order a c-section and attempts to deliver the baby vaginally. During delivery, the baby’s shoulders become lodged in the birth canal (shoulder dystocia). To deliver the baby, the doctor uses excessive force with forceps, dislocates the baby’s collarbone, and puts pressure on the brachial plexus nerves in the baby’s neck. After delivery, the doctor discovers the baby suffers Erb’s palsy, which affects the nerves in the baby’s arm, causing paralysis and limited mobility.

Anesthesia Errors

Anesthesia error can cause excruciating physical pain to a patient during surgery. They can also cause nerve damage, blood clots, heart attack, stroke, and more. This type of medical negligence can cause extremely dangerous consequences for patients.

Types of anesthesia errors include:

• Failure to educate the patient about possible risks
• Failure to review medical history
• Failure to provide the patient with preoperative instructions
• Delayed administration of the anesthesia
• Administering too much or too little anesthesia
• Failure to monitor or administer surgical oxygen properly
• Improperly inserting the intubation tube
• Administering the wrong type of anesthesia
• Leaving the patient sedated for too long

If an anesthesiologist miscalculates the medication needed for a surgical patient, the patient may wake up during the surgery. Many times, even though the patient is aware during surgery, they remain paralyzed and unable to communicate. They can experience intense pain and psychological trauma.

Failure To Prevent or Treat Infections

1 in 31 patients develop hospital-acquired infections on any given day. These types of infections can lead to sepsis or death.

It is up to the medical team to monitor their patients, ensuring their white blood cell count remains normal, their temperature stays down, and they don’t display signs of an infection. When the medical team fails to do so, the patient’s fever may spike, their white blood cell count may elevate, and they may develop a serious infection that can be life-threatening.

What is the legal basis for most medical malpractice cases?

You need to understand that when you file a medical malpractice claim against a healthcare provider, it is up to you to prove their negligent actions directly caused your illness or injury.

To win your claim, the four elements of negligence must be established in your case:

• Duty of care: The doctor had a legal duty to provide care or treatment to the patient.
• Breach of duty: A breach of duty occurs when the treating doctor fails to adhere to the standard of care of the medical profession.
• Causation: The direct link between the action and injury, often called “but for” causation because “but for” the negligent action, the injury to the patient harm would not have happened.
• Damages: The injured party must be able to prove that they suffered actual harm, such as medical expenses or lost wages. These damages can also be the mental pain and suffering from the harm or loss of companionship with a partner or children.

Damages for a medical malpractice claim include financial compensation for medical bills, lost wages, loss of earning capacity, wrongful death, and pain and suffering.

How Can a Medical Malpractice Lawyer Help My Claim?

Personal injury law surrounding medical malpractice claims is complicated. Each state has rules and regulations regarding caps on damages, statutes of limitations, and filing processes. One misstep could put your entire case in jeopardy.

An experienced medical malpractice lawyer will file your claim correctly and within the time limits of your state’s statute of limitations. They will investigate your claim, determine liability, negotiate with the insurance company, and pursue fair compensation. While no law states you need legal representation for a medical malpractice claim, your chances of recovering maximum compensation are significantly greater if you have an experienced attorney by your side.

Call Our Medical Negligence Law Firm Today for a Free Case Evaluation

The Regan Zambri Long medical malpractice lawyers have served the DC Metro Area for nearly 30 years. We have secured millions in compensation for our injured clients and are confident we can do the same for you.

Our attorneys deeply understand what you and your family are going through. We know you never expected to be our client and certainly do not want to be our client for a moment longer than necessary. That’s why our medical malpractice team, comprised of experienced lawyers, including Jacqueline Colclough, a former registered nurse, works tirelessly to litigate your claim efficiently and successfully. Call today for your free consultation.