Blogs from February, 2025

When you visit a doctor or hospital, you place your trust in medical professionals to provide care that meets the highest standards. Unfortunately, this trust is broken when medical malpractice occurs. Put simply, medical malpractice happens when a healthcare provider fails to meet the accepted standard of care, resulting in harm to the patient, and it happens in many ways, harming thousands upon thousands of patients across the U.S. each year.

All types of medical malpractice can be dangerous, and all types are unacceptable, but some types happen far more often than others. What types of medical malpractice are considered among the most common?

1. Misdiagnosis or Delayed Diagnosis

Misdiagnosis occurs when a healthcare provider incorrectly identifies a patient’s condition, while delayed diagnosis happens when a correct diagnosis is made too late. Both errors can lead to devastating consequences, as patients miss out on critical treatments. Overall, misdiagnosis may just be the most common type of medical malpractice. One report published in the National Library of Medicine estimated that at least 5% of patients in the U.S. will experience a diagnosis error each year, and a study published a few years after that calculated that nearly 800,000 Americans will suffer a permanent disability or fatality each year due to a misdiagnosis.

Common examples of misdiagnoses and diagnosis errors include:

• Heart attack misdiagnosis: A patient experiencing chest pain may be misdiagnosed with acid reflux when they are in fact having a heart attack, delaying life-saving care.
• Cancer misdiagnosis: A patient with symptoms of cancer may be told nothing is wrong, only for the disease to progress to an advanced stage by the time it is correctly identified.

Misdiagnosis or delays in diagnosing a condition can cause significant physical harm, emotional distress, and financial burden on the patient. For some, the missed opportunity for timely treatment can mean death or permanent disability.

If you or a loved one was harmed due to a misdiagnosis or delayed diagnosis, legal recourse may be available. Proving such cases involves showing that a qualified doctor would have diagnosed the condition correctly in the same circumstances. An experienced medical malpractice attorney can help gather evidence and consult with medical experts to prepare a strong case.

2. Errors During Surgery

Even routine surgical procedures carry risks, but some surgical errors are entirely avoidable—and when they occur, they can have long-lasting consequences and constitute medical malpractice.

Common examples of surgical errors include:

• Surgeon operates on the wrong body part (e.g., removing the wrong kidney).
• Surgical instruments, such as sponges, are left inside the patient’s body.
• Anesthesia errors that cause serious complications like permanent nerve damage.

Surgical errors can cause pain, infections, extended recovery times, and further surgeries to fix the problem. They can also cause emotional trauma, as many patients struggle to trust medical professionals again.

3. Medication Mistakes

Medication is a key part of treatment for many conditions, so any medication errors can be devastating, including risks of overdose, adverse reactions, and the worsening of underlying conditions. In worst-case scenarios, medication errors can even have fatal consequences.

Common examples of medical errors include:

• Doctor prescribes the wrong medication or one in the incorrect dosage.
• Pharmacist fills a prescription with the wrong drug.
• Healthcare provider ignores potential harmful interactions with existing medications.

If you suspect a medication error caused you or a loved one harm, seek immediate medical attention to address the mistake. You will want to talk to your doctor as soon as possible about changing medications if the error involved a prescription.

4. Birth Injuries

The birth of a child should be a joyful event, but medical negligence during labor or delivery can result in life-altering injuries—both for the baby and the mother. Some health and safety groups estimate that 1% of births involve some sort of mistake that results in a birth injury, including minor issues. Furthermore, approximately 7 of every 1,000 children born in the U.S. are diagnosed with cerebral palsy (CP), a serious and often permanent birth injury that is frequently linked to medical malpractice.

Common examples of birth injuries caused by medical negligence include:

• Improper use of delivery instruments like forceps or vacuums, causing trauma to the infant.
• Failing to monitor the baby’s oxygen levels, leading to conditions like cerebral palsy and hypoxic-ischemic encephalopathy (HIE).
• Delaying a necessary C-section, resulting in complications for both the mother and the baby.

5. Premature Discharge

When a patient is allowed – or forced – to leave a medical facility before being medically ready or adequately recovered, it is called premature discharge. If leaving the hospital or medical center too soon results in an injury or the worsening of a pre-existing condition, it can be considered a type of medical malpractice. Furthermore, many cases of premature discharge from a hospital can be traced back to staffing problems (not enough medical professionals available to care for all patients) or volume issues (not enough beds or rooms for all patients) at the hospital.

Legal Action After Medical Malpractice

Medical malpractice can take many forms, from misdiagnoses to premature discharges. Yet every form of medical malpractice can be met with the same solution: legal action. If you or someone you love has been harmed by medical malpractice, you have the right to stand up for justice and fair compensation.