Home Lawsuits 5 Types of Medical Negligence That Result in Lawsuits

5 Types of Medical Negligence That Result in Lawsuits

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According to the groundbreaking Institute of Medicine report, To Err Is Human, avoidable adverse events cause between 44,000 and 98,000 deaths in the United States each year. These shocking statistics highlight the unfortunate reality of medical negligence.

A medical malpractice claim is a legal process that allows patients or their families to seek compensation for the injuries and losses caused by the healthcare professional’s errors or omissions.

While medical negligence can take many forms, five types are commonly seen in lawsuits. Let’s discuss each type in detail and explore how they can result in legal action.

1. Misdiagnosis or Delayed Diagnosis

One of the most common types of medical negligence is misdiagnosis, or delayed diagnosis. This occurs when a healthcare professional needs to correctly identify a patient’s medical condition, leading to incorrect treatment or a delay in receiving necessary treatment.

Misdiagnosis or delayed diagnosis can sometimes have serious repercussions, including the patient’s condition getting worse or possibly dying. Consequently, a large number of patients and their families file lawsuits in an effort to recover damages for the suffering this kind of negligence has caused.

2. Surgical Errors

Surgical errors are another type of medical negligence that often leads to lawsuits. There are several reasons why these mistakes can happen, including incorrect preoperative planning, inadequate communication among medical staff, or careless mistakes during the surgery itself.

Some common surgical errors include performing unnecessary surgeries, operating on the wrong body parts, leaving foreign objects inside patients’ bodies, and causing damage to surrounding organs or tissues.

3. Medication Errors

Medication errors are another form of medical negligence that can have severe consequences for patients. These errors may occur due to prescribing the wrong medication, administering an incorrect dose, or failing to check for potential drug interactions.

Errors in medication administration can aggravate a patient’s illness, have major negative effects, or result in other health issues. Patients may therefore pursue legal action in order to be compensated for the suffering that these mistakes have caused.

4. Birth Injuries

Birth injuries are a type of medical negligence that specifically affects newborns and their mothers. These injuries may result from medical errors made by healthcare providers during pregnancy, labor, or delivery.

Some common birth injuries include cerebral Erb’s palsy, palsy, and brachial plexus injuries. These ailments may have a child’s lifetime repercussions and give rise to a lawsuit to recover damages for medical malpractice.

5. Failure to Obtain Informed Consent

Finally, another instance of medical malpractice that may give rise to legal action is the failure to get informed consent. This happens when a doctor has to completely explain to a patient the advantages and disadvantages of a certain medical operation or therapy before getting their permission.

Patients have the right to make informed decisions about their healthcare, and failure to obtain informed consent violates this right. As a result, legal action may be taken against healthcare professionals who fail to fulfill this responsibility.


Medical negligence can take various forms, and its consequences can be severe. It is crucial to get legal counsel if you or a loved one has suffered from any of these types of carelessness to understand your rights and possibilities for pursuing compensation via a medical malpractice claim.

Remember that holding healthcare providers accountable for their errors guarantees that the appropriate steps are taken to avoid future occurrences and help victims get the compensation they are entitled to.

Don’t be afraid to get legal counsel and take appropriate action if you think that you or a loved one has been the victim of medical negligence. Remain aware of your rights as a patient and speak up for your rights.


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