Common Medical Malpractice Claims

Sadly, medical malpractice is the third leading cause of death in hospitals. Unfortunately, most of these cases go unnoticed. Every medical professional is expected to observe the medical code of ethics and act professionally. After all, lives are at stake. In case of medical malpractice, the patient is entitled to compensation for the pain and suffering. However, the patient or their family bears the burden of proof, meaning that they should prove that the healthcare professional made mistakes in the course of duty. Looking at some medical injury facts, here is a list of common medical malpractice claims. medical check


Misdiagnosis or delayed diagnosis accounts for close to a third of all medical malpractice claims. This includes failure to recognize clinical signs and symptoms, failure to seek additional information on the patient, and failure to refer the patient to a specialist are all causes of misdiagnosis. Other than these instances, things like missing test results, mislabeled lab results, and errors while conducting tests are also considered misdiagnoses. 

Failure to Treat

Medical professionals should always treat a patient who comes t0 them for treatment, unless otherwise. Unfortunately, there are many cases when doctors or caregivers fail to act. Although a minor delay does not always have serious consequences, there are instances when they can be devastating. In light of this fact, failure to treat amounts to medical malpractice. Also, here are some scenarios that could be classified as failure to treat:

  • Discharging a patient earlier than required
  • Not giving follow-up care instructions
  • Not ordering required medical tests 
  • Neglecting the patient’s medical history when prescribing drugs

Prescription Errors

Drugs can be prescribed erroneously to patients leading to death or permanent harm. Prescription drug errors include:

  • Prescribing the wrong medicine for a diagnosed illness
  • Giving too much or too little dosage
  • Failure to figure out allergic reactions

Inability to notice abuse, addiction, or overdose can be a health hazard to the patient also qualifies for a prescription error. At times, a pharmacist may wrongly fill a doctor’s prescription. This may result in harming the patient.

Procedural Errors

An operating room is one of the most intricate rooms in a hospital. Any activity there should be conducted cautiously to avert any harm to patients. Several activities may be a cause of harm to patients in an operating room. These include: 

  • Operating on the wrong body part
  • Operating the wrong patient
  • Leaving surgical tools inside the patient’s body, 
  • Anesthesia reactions  
  • Not following surgical procedures

Medical malpractice claims are pursued to cushion the affected patients from unnecessary pain due to someone else’s negligence.