What Is the Most Common Type of Medical Malpractice?
Legally Reviewed and Edited by: Terry Cochran
Medical malpractice is an unfortunate reality for many patients, leading to serious injuries, long-term health complications, or even death. Nearly 400,000 people are hospitalized in the U.S. due to negligent medical care, and 251,000 lose their lives because of medical errors.
If you’re a victim of medical malpractice, you may be entitled to compensation. Understanding the most common types of medical malpractice, their causes, and how to pursue a claim is crucial for protecting your rights.
Our experienced medical malpractice attorneys at Cochran, Kroll, & Associates, P.C., protect the rights of injured patients. We represent your interests against big hospitals and insurers, helping you get the settlement you deserve.
5 Common Types of Medical Malpractice
Medical malpractice takes many forms, and while some errors are more common, all types can cause harm. Below are some of the most frequent types of medical malpractice:
1. Misdiagnosis or Delayed Diagnosis
Misdiagnosis or delayed diagnosis is the most common type of medical malpractice. It occurs when a healthcare provider either gives the wrong diagnosis or takes too long to diagnose a condition. This delay or mistake can lead to missed chances for early treatment, often causing serious harm or even death.
Recent studies have found that nearly 7.4 million people receive inaccurate diagnoses in U.S. emergency departments, and 370,000 people suffer serious harm as a result. Common missed or delayed diagnoses in the medical profession include:
- Stroke, where early symptoms like dizziness or weakness may be mistaken for less serious conditions
- Sepsis, often overlooked because its signs can resemble those of minor infections
- Cancer, sometimes missed in the early stages due to vague or non-specific symptoms
- Heart attack, occasionally misdiagnosed as indigestion or muscle strain, delaying critical treatment
In misdiagnosis cases, the focus is on whether the healthcare provider acted within the standard of care expected for their role, considering the patient’s condition and available information.
2. Surgical Errors
Surgical errors are another common type of medical malpractice and are the primary issue in nearly 75% of malpractice cases. These errors can happen before, during, or after surgery and include the following situations:
- Wrong-site surgery. Operating on the wrong part of the body. One study found that one in 100,000 surgical procedures in the U.S. results in a wrong-site operation.
- Infections. Failing to maintain a sterile environment can lead to post-surgical infections like sepsis or pneumonia.
- Failure to monitor. Not keeping track of a patient’s condition during or after surgery can result in serious complications such as internal bleeding or respiratory failure.
- Surgical burns. Accidental burns during surgery, often caused by malfunctioning equipment or improper use of surgical tools, can result in severe tissue damage and complications like infection or scarring.
- Leaving instruments inside. Retained surgical tools can cause life-threatening infections and require additional surgeries to remove.
Surgical malpractice cases can be especially devastating because patients trust their surgeons during critical procedures. These errors often lead to emotional and physical challenges, with many patients needing additional surgeries, longer recovery times, or, in some instances, facing life-threatening outcomes.
3. Medication Errors
Medication errors can have catastrophic consequences. This type of malpractice occurs when a healthcare provider administers the wrong medication, prescribes the wrong dosage, or fails to account for drug interactions or patient allergies. These errors can happen at various points in the medical care process, including when a doctor prescribes the medication or a nurse administers it.
Annually, medical errors cause between 44,000 and 98,000 deaths in the U.S. Examples of medication errors include:
- Wrong dosage. Administering too much or too little medication can result in an overdose or ineffective treatment—for example, giving an excessive dose of insulin can cause serious complications.
- Failure to check for allergies. Prescribing a drug without reviewing a patient’s allergies can lead to severe reactions. For instance, prescribing penicillin to someone allergic to it which could cause anaphylaxis.
- Drug interactions. Failing to consider other medications the patient is taking, such as blood thinners, can lead to dangerous interactions, like an increased risk of internal bleeding.
Medication errors can be especially risky for those with chronic conditions or who depend on life-saving medications. These mistakes can cause serious harm, lasting injury, or even death.
4. Birth Injuries
Birth injuries are a heartbreaking form of medical malpractice that can have lifelong effects. Healthcare professionals involved in labor and delivery have a responsibility to closely monitor both mother and baby to support a safe delivery. When they fail in this duty, it can lead to serious harm, often requiring lifelong medical care for the child.
Birth injuries occur in around 1.9 out of every 1,000 live births in the U.S. Many are preventable, highlighting the role of negligence in these tragic cases. Common birth injuries include:
- Cerebral palsy. A condition that affects muscle control and movement, often caused by a lack of oxygen to the brain during birth. This can happen when medical staff don’t respond quickly to signs of fetal distress.
- Erb’s palsy. Nerve damage that impacts the arm and shoulder, usually due to too much force being applied during delivery. It’s more common when the baby’s shoulder gets stuck, and excessive pulling occurs.
- Brain injury. Inadequate monitoring of the baby’s oxygen levels during delivery can lead to brain damage. This injury can cause developmental delays, seizures, or long-term cognitive impairments.
Birth injury claims are often complex and emotionally charged. They not only involve the immediate medical costs but also future care, therapy, and emotional strain on the family.
5. Anesthesia Errors
Anesthesia is a critical component of many medical procedures, and even small errors can have devastating consequences. Anesthesia malpractice occurs when an anesthesiologist administers the wrong dosage, fails to monitor the patient properly, or neglects to review the patient’s medical history for potential complications. These errors can lead to a range of complications, from brain damage and nerve injuries to death.
Past studies have found that just over 1,300 anesthesia errors happen annually in the U.S. Common anesthesia-related mistakes include:
- Overdosing or underdosing. Giving too much anesthesia can lead to brain damage or death, while too little can result in the patient waking up during surgery.
- Failure to monitor. Not monitoring the patient’s vital signs during surgery can result in unnoticed complications.
- Neglecting patient history. Not considering the patient’s allergies, pre-existing conditions, or medications can lead to dangerous reactions.
Anesthesia errors are especially hazardous because patients are typically unconscious during the procedure, placing their safety entirely in the hands of healthcare professionals.
The Role of a Medical Malpractice Attorney
Dealing with the complexities of a medical malpractice claim can be overwhelming, especially when serious injuries result from medical errors. A knowledgeable medical malpractice attorney can assist you throughout the process and protect your rights.
In addition to guiding you through the legal steps, our hospital malpractice attorneys at Cochran, Kroll, & Associates, P.C. can help you hold healthcare providers accountable for their actions. Here’s how we support your case:
Experienced Legal Guidance
Medical malpractice laws can be complicated and involve many technicalities. Our team understands these laws and can explain the legal requirements, from proving medical negligence to filing the lawsuit within the state’s statute of limitations. We know how to build a strong case by gathering the necessary evidence and ensuring all legal processes are correctly followed.
Thorough Investigation and Evidence Gathering
Medical malpractice cases rely heavily on detailed evidence, including medical records, test results, and expert witness testimonies. Our seasoned attorneys conduct a thorough investigation into your case. We request critical documents and interview medical experts who can help clarify where the standard of care was breached.
Your legal team will use this evidence to prove the medical professional’s actions or lack thereof, directly caused your injury.
Evaluating the Standard of Care
One of the core aspects of a medical malpractice claim is proving that a healthcare provider failed to meet the accepted standard of care. The standard of care is the level of care that a skilled healthcare professional with similar experience would have provided in the same situation.
Our medical malpractice attorneys evaluate whether the medical professional in your case deviated from this standard and if their actions contributed to your injury.
Negotiating Settlements
Like most personal injury cases, many malpractice claims are settled before going to trial. A skilled attorney will negotiate with insurance companies, hospitals, or defendants to secure a fair settlement that covers your medical expenses, lost wages, pain and suffering, and other damages.
Without legal representation, victims may accept settlements far below what they deserve, unaware of the full value of their claim. Our experienced attorneys know the tactics insurance companies use to minimize payouts and can push for a more favorable settlement.
Trial Representation
If a settlement cannot be reached, your medical malpractice attorney will represent you in court. Medical malpractice trials can be complex, often requiring expert witnesses, medical evidence, and clear explanations of how the healthcare provider’s negligence caused your injuries.
Attorneys with trial experience can effectively present this information to a judge or jury, arguing for the compensation you deserve. Having an attorney who is experienced in courtroom proceedings can increase your chances of winning your case.
Maximizing Compensation
A qualified medical malpractice attorney understands the long-term effects of medical negligence and works to secure the maximum compensation available for your case. This includes immediate medical costs, future medical care, rehabilitation, lost income, emotional distress, and other damages.
By understanding the full scope of your injuries and their impact on your life, our legal team fights for a settlement or judgment that reflects the true value of your claim.
Providing Emotional Support
Medical malpractice cases can be emotionally draining for victims and their families. Dealing with a severe injury or the loss of a loved one due to medical negligence is challenging, and navigating the legal system can add to that burden. Our compassionate medical malpractice lawyers provide not only legal support but also emotional guidance throughout the process.
We can answer questions, provide updates, and keep you informed every step of the way, allowing you to focus on your recovery.
Specialized Knowledge and Experience
At Cochran, Kroll & Associates, P.C., our legal team includes partner attorney and registered nurse Eileen Kroll, who brings a unique set of skills to your case. Her medical background allows Eileen to understand complex medical issues and terminology, which she uses to build stronger cases for our clients. Eileen’s ability to bridge the gap between medicine and law ensures you receive the highest quality representation for your medical malpractice claim.
Protect Your Rights With Compassionate and Skilled Legal Representation
At Cochran, Kroll & Associates, P.C., our medical malpractice team, led by senior partner Eileen Kroll, is uniquely equipped to handle even the most complex cases. We have won millions in compensation for victims of common types of medical malpractice, including one of the state’s largest birth injury awards at $15.8 million.
If you believe you’ve been a victim of medical malpractice, contact our office today for a free consultation, and let us help you with your claim.
Our contingency fee basis means we only get paid if we win your case, so there is no financial risk to you to get started. Call our law firm today at 1-866-MICH-LAW (1-866-642-4529) and schedule your no-obligation, free case evaluation.
Disclaimer : The information provided is general and not for legal advice. The blogs are not intended to provide legal counsel and no attorney-client relationship is created nor intended.
