What is the Most Common Medical Malpractice Claim?

Robyn Sztyndor Attorney

August 29, 2022

Robyn Sztyndor Attorney

Medical malpractice claims are filed when a physician’s mistake causes a disability or death to a patient. This can occur in several ways. One of the most common malpractice lawsuits is for a failure to treat a patient’s condition. Infections acquired during treatment can also be a cause of malpractice claims. A patient should be fully and thoroughly cared for to avoid a malpractice claim.


The most common medical malpractice claim involves an inaccurate diagnosis. This causes a patient to receive unnecessary medical treatment and can result in physical harm or death. The wrong diagnosis may also result in inappropriate treatment that worsens a patient’s condition. In many cases, the incorrect diagnosis can even result in life-threatening situations.

In a recent study, misdiagnosis was cited as one of the most common malpractice claims. It is also the most costly and dangerous. A delayed or wrong diagnosis can keep a patient from receiving needed medical treatment and can cause their condition to worsen. If you believe you were misdiagnosed, consult with a medical malpractice attorney as soon as possible. You can ask an attorney to review your medical records to determine if they contain any evidence of a misdiagnosis.

When filing a medical malpractice claim, it is critical to understand the value of your case. You might be entitled to thousands of dollars in compensation if your diagnosis was faulty. This type of lawsuit is not cheap, and most attorneys will charge thousands of dollars out of court and tens of thousands of dollars during a trial.

Medication errors

Medication errors are common in the healthcare system and can have severe consequences for patients. These errors often occur due to a lack of understanding or interpretation of directions. In addition, the elderly and children are particularly susceptible to medication errors. For this reason, pharmacists should always check the patient’s age and weight. Because most drugs are prescribed according to weight, they need to have this information. Another common cause of medication errors is improper dosage. The wrong dosage can result in toxicity or failure of the medication to be excreted in the body.

Adverse drug events (ADEs) are a major cause of medical malpractice, representing 6.3% of all claims. They are also preventable. A pharmacist participating in physician rounds or CPOE with decision support is two of the most effective ways to reduce the likelihood of an ADE. Moreover, the costs associated with ADEs provide additional incentives to invest in error prevention strategies. These strategies should also inform the development of systemwide redundancies to reduce the risk of patient harm.

Surgical errors

There are many ways in which a surgical error can go wrong. It can be as subtle as a missing stitch or as severe as a foreign object being left in a patient’s body after an operation. The result can be serious pain and discomfort or infections. The problem usually occurs in an operating room that is disorganized or that is not properly staffed. A surgical error can also occur because the equipment was not properly sterilized or was not removed after the operation.

The compensation for a surgical error varies widely but can include the costs of medical treatment that the patient has incurred as a result of the mistake. It may also include future medical care, as well as lost wages caused by an inability to work. Furthermore, surgical errors can result in emotional trauma and mental anguish for the patient.

Birth injuries

If you or a loved one has suffered a birth injury due to a doctor’s negligence, you may be entitled to compensation. A birth injury lawyer can help you navigate the legal process. You must be able to prove negligence and that a breach of professional duty occurred. To do this, you will need evidence of the injury. Medical records and hospital bills are an important part of this process.

Birth injuries are not always immediately apparent. Sometimes, a physician may claim that the complication was unavoidable. It’s important to talk to a New York birth injury lawyer to learn your rights and the definition of malpractice.

Delayed diagnoses

Delayed diagnoses are caused by the failure of a doctor to diagnose a patient’s health condition in a timely manner. While this does not necessarily constitute malpractice, the physician’s failure to diagnose a patient’s health problem in a timely manner is a breach of the standard of care. In most cases, this negligence will have led to the patient’s continued treatment.

Delays in diagnosis can result in significant damage to a patient. For this reason, patients can claim compensation if their condition was not properly diagnosed. In some cases, a delayed diagnosis may even lead to unnecessary surgery.