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6 Types of Medical Malpractice Cases


When an individual has experienced an injury resulting from medical care, he or she may be entitled to compensation. In every type of malpractice case, a plaintiff must establish that a defendant breached a duty of care, which means they were negligent and that the breach caused injury.

Doctors, nurses and other healthcare workers owe their patients a high duty of care. Failure to provide services that meet this standard of care can result in a serious and preventable injury to patients. 

Here are six examples of medical malpractice cases that involve a breach of the duty of care owed by medical professionals to their patients. 

1. Surgical Error

Any type of problem during a surgery can have serious repercussions. The consequences of negligence during a procedure can have long-lasting or permanent effects. Here are some examples of surgical errors:

  • Failure to properly close an incision
  • Surgery on the wrong area
  • Leaving a foreign object in a patient’s body
  • Complications from anesthesia
  • Negligent injury to adjacent organs and/or not recognizing and treating the injury

2. Infections

As the result of a surgery or hospitalization, a patient could be made very ill by an infection. Failing to take measures to prevent an infection or missing the signs of infection and delaying treatment may result in unnecessary illness or discomfort.

3. Obstetric Oversight

An expectant mother relies on a physician to provide the highest caliber of care over the term of her pregnancy and during delivery. Failing to detect problems with a pregnancy could result in an injury or fatality to an unborn child.

When a doctor is helping to deliver a baby, issues such as complications from a cesarean delivery or an uncontrolled hemorrhage could harm both the mother giving birth and her baby. If an unborn child shows signs of fetal distress, action must be taken, or the child may experience profound brain injury due to lack of oxygen to the child’s brain.

4. Misdiagnosis

One of a doctor’s most difficult tasks is identifying what is causing a patient to experience pain or discomfort. A misdiagnosis may result in an unreasonable delay in treatment and greatly increase a patient’s suffering. Many conditions can be life threatening if a doctor fails to properly diagnose and treat them right away.

5. Improper Treatment

When a doctor determines a course of treatment, he or she must take care to avoid subjecting patients to unnecessary treatment. Over-treating a medical condition could involve painful procedures, unwanted side effects from medications, or extraneous and uncomfortable testing.

6. Medication Errors

Sometimes patients are given medications that they were not supposed to get, and the patient suffers injury. This gives rise to a claim of medical negligence. If a patient is prescribed a medication that is inappropriate, given their condition, or an improper dosage, and the patient suffers injury – that also gives rise to a claim of medical negligence.

In Need of Legal Counsel? 

If you have an injury or medical condition that you feel has been caused or worsened by malpractice, you should confer with legal counsel. An experienced personal injury attorney can help advise you about your rights and what type of compensation you may be entitled to recover.

The legal team of Glenn, Mills, Fisher & Mahoney, P.A. have substantial experience when it comes to medical malpractice cases. If you believe you have a claim, tell us about your case in our ONLINE FORM HERE or call our team directly at (919) 683-2135 for a free consultation, today.