What Are the Most Common Types of Medical Malpractice Claims Filed Each Year?

Mistakes do happen in any field. Yes, they are completely unpredictable, but if it is in a medical field, it is completely unacceptable. When we go to a hospital or a clinic, we do not expect that such things will happen.

A medical space runs on honesty and care. But sometimes, things can be bad here, too. When such errors happen, and if you are sensing that it is completely negligence or carelessness, it is considered medical malpractice, and it comes under a personal injury case. These cases are serious because they can harm a person’s health, cause emotional stress, or even lead to death.

In the U.S. and across the world, medical malpractice claims are filed every year by patients or their families to seek justice and fair compensation for the harm caused. In this article, you will get to know the common types of medical malpractice claims and the steps to take legally.

How Medical Malpractice Is Seen Under the Law

Remember, medical malpractice comes under the law, and you have the right to seek the right compensation. It is when a doctor or any healthcare provider fails to give the standard level of care that another qualified doctor would have provided.

For a medical malpractice case to be legally valid, the following four things usually have to be proved:

1. Duty of Care: The doctor had a responsibility to treat properly.
2. Breach of Duty: The concerned doctor failed to meet the given responsibility.
3. Causation: And this failure has directly caused you or your loved one harm or injury (minor or major; a mistake is a mistake under the law).
4. Damages: Because of these, the concerned patient suffered real harm, which can be physical, emotional, or financial.

Common Types of Medical Malpractice Seen Globally

Below are some of the most commonly seen malpractice cases that happen around the world.

1. Misdiagnosis or Delayed Diagnosis

To date, this is seen as one of the top causes of malpractice claims. A misdiagnosis can happen when a doctor identifies the wrong illness, and a delayed diagnosis means the doctor found the right illness, but it is too late; like after days, the seriousness of the disease becomes apparent, and the concerned doctor misses noticing this. Because of all these, the patient might get the wrong treatment or miss early chances to recover.

For example, diagnosing a heart problem as muscle pain or detecting cancer after it has already spread.

2. Surgical Errors

People trust and hope a lot when it comes to surgery. And yes, surgery always involves risk and is always performed by experienced professionals, but certain mistakes can be avoided.
Common surgical errors include:

• Performing surgery on the wrong body part
• Leaving surgical tools inside the body
• Using the wrong procedure

These surgical mistakes can lead to some life-threatening infections, internal damage, or even loss of life.

3. Medication Errors

It is the next most commonly seen medical malpractice. This is one serious mistake that professionals can go wrong with; these medication errors are when the wrong drug is prescribed, the wrong dose is given, or when a patient’s allergies or existing medicines are not checked properly.

Even small dosage mistakes can have serious side effects or cause new health problems, and as medical professionals, they are well aware of the consequences and health issues they can later create. So, it comes under a completely preventable mistake. Both doctors and pharmacists can be responsible in such cases.

4. Birth Injuries

Even in this advanced medical space, birth injuries are still happening globally. Even a minor mistake during childbirth can lead to injuries to the mother or the baby.
Some examples of this include:

• Improper use of forceps
• Failure to perform a timely C-section
• Not monitoring oxygen levels

These medical errors can cause conditions like cerebral palsy or developmental issues in the child, which can last for a lifetime.

5. Anesthesia Errors

Anesthesia must be given very carefully based on the patient’s health and weight.
Too much or too little anesthesia, or failure to monitor the patient during surgery, can cause severe complications such as brain injury, heart failure, or death.

Legal Steps to Take

1. Gather All Medical Records

2. Take a Second Medical Opinion

3. Document Everything

4. Consult a Legal Professional

5. File the Claim on Time

6. Stay Patient and Informed

Key Takeaways

• Medical malpractice happens when a doctor or hospital fails to provide proper care.
• The most common types include misdiagnosis, surgical mistakes, and medication errors.
• Patients have legal rights to file a claim and get compensation for harm caused.
• Always keep your medical records, get a second opinion, and take timely action if you suspect negligence.