Common Medical Malpractice Types and How They Happen

Going to a medical professional requires a high level of trust, and most people reasonably expect to receive the best quality, error-free care possible. 

However, that doesn’t always happen. 

Medical malpractice is far more common than you might think, and it comes in many forms. Whenever a care provider fails to follow reasonable standards, they have committed medical malpractice, and you may have a legal reason to seek compensation. 

Here are some of the most common medical malpractice types and how they happen. 

1. Birth Injuries

“Birth injury” is an umbrella term that covers a wide variety of issues during the birthing process. 

Some of the most common birth injuries include not promptly cleaning a child’s airways and causing asphyxiation, cutting and wounding the child’s body during a C-section, or not recommending emergency measures fast enough to prevent issues. 

These things can happen for a variety of reasons. Giving birth is a very complex and risky situation, and a lot of things can happen. 

Complacency can cause doctors to work hastily or without the necessary attention to care. Busy schedules may push them to skip breaks, leading to poor decisions, and high-pressure situations can create confusion.

In any situation, if the baby or parent is injured due to the standard of care not being provided, it’s medical malpractice. 

2. Surgery Mistakes That Result in Unwarranted Harm

When you need surgery, it’s a horrifying situation. Unfortunately, medical professionals can make mistakes that make it much worse. 

Common issues include operating on the wrong part of the body, or even worse, leaving instruments behind after surgery. 

Operating on the wrong part of the body is typically due to a communication failure. Surgery requires a long list of people communicating, sharing complicated documentation of your medical situation, and acting quickly. 

If a mistake is made and a team member doesn’t catch that mistake, it can lead to inappropriate medical procedures. 

Leaving instruments inside a patient after surgery is a major issue. Sharp objects such as scalpels can easily cause damage that’s more severe than what you went in for, and even instruments that are less dangerous, such as forceps or bits of stitching, can cause injuries or infections. 

This often occurs when a medical professional is distracted, working hastily, or too comfortable with their skills. 

3. A Diagnosis is Unreasonably Delayed

It can take a while to get a diagnosis in many cases. Doctors have to be sure that they’re providing you with an accurate diagnosis, and that can require testing that has to be scheduled weeks or months away from your initial visit. 

You also don’t want your doctor to rush a diagnosis and get something wrong. 

However, the longer a diagnosis takes, the longer a serious issue might be allowed to develop without treatment. 

If the diagnosis is delayed an unreasonable amount of time, or due to controllable circumstances, it is a type of medical malpractice. 

4. Misdiagnosis

Misdiagnosis is a common issue. It’s always possible to inaccurately identify something. Many conditions have similar symptoms and signs. 

Malpractice occurs when the misdiagnosis is the doctor’s fault. This can happen for a variety of reasons. 

Oftentimes, a doctor makes a diagnosis, and then they don’t want to accept that they might have been wrong. They ignore new evidence, attribute evidence to other things, or generally avoid accepting that they didn’t get it right the first time. 

It can also happen because a doctor ignores the patient. If you’ve ever had an experience where the doctor seems to brush off everything you say while mentioning things that don’t match your experience, this is like that. 

A doctor might also misinterpret a test they gave you. If it’s not something the doctor is familiar with, they can miss small details that dramatically change a diagnosis. 

Finally, busy schedules can cause the doctor to work too hastily, and they can jump to conclusions without all the right information. 

You can protect your rights after a misdiagnosis, which may result in inappropriate treatments, missed life-saving care, or severe harm. Taking action ensures accountability and protection under the law.

5. Allergic Reactions and Wrong Medications

Sometimes, patients are given the wrong medication, or they have an allergic reaction to a medication despite their allergy being a known issue. 

This can stem from communication errors between those administering the medications and those ordering them, carelessness, and similar issues. 

When an allergy occurs despite previous knowledge of the allergy, it can stem from the doctor not understanding the medications they’re prescribing and what’s in them. 

An established protocol for establishing meds is set across the industry, and known allergies are a part of every patient’s medical records. So, making these mistakes is medical malpractice and warrants compensation. Especially when they cause harm. 

Identifying Malpractice vs. Honest Mistakes

The medical field is unpredictable. It’s not always possible to cure an ailment or identify the root cause of a problem immediately. As such, not every negative outcome is a case of medical malpractice. 

Medical malpractice only occurs when a form of negligence can be blamed for the issue. 

The two best examples of this are allergies and delayed diagnosis. 

If there is no prior history of an allergy, it is not medical malpractice when you have a reaction to a new medication. It’s only malpractice if the allergy is in your medical records or you tell the healthcare team that you have an allergy, and they fail to protect you from allergic reactions. 

Likewise, having to schedule a variety of tests, which can often take months for a complex diagnosis, is not a delayed diagnosis. A delayed diagnosis would occur if the doctor kept cancelling your appointments, putting off testing, and claiming nothing was wrong, etc. 

You also have to prove that malpractice occurred in court. 

Get Justice for Medical Malpractice Today

If you believe you’ve been the victim of any type of medical malpractice, you need a lawyer who will fight for you to receive the compensation you deserve. 

At Loutos Law PLLC, we are dedicated to thoroughly investigating your case and guiding you through every step of the legal process. 

Contact us today to discuss your situation and protect your rights.