HealthCommon Examples Of Medical Malpractice Claims

Common Examples Of Medical Malpractice Claims


Medical malpractice claims are a common occurrence for the general public, especially those in the healthcare profession. The claims can be severe or minor, though an organization takes any medical malpractice claim seriously and thoroughly investigates.

10 Common Examples Of Medical Malpractice Claims

1.Misdiagnosis or delayed diagnosis.

Any delay in determining the cause of a disease, ailment, or misdiagnosis can be grounds for a medical malpractice claim. If the physician made a mistake resulting in a minor injury, the patient might not file a claim. However, if any damage could have been avoided by quick action on the part of the hospital, a claim is likely filed. Appropriate medical records, tests, and images are kept to prove the claim.

2.Unnecessary Surgery or Use of an Abnormally Strong Sedative.

The physician should avoid unnecessary surgeries or applying potent sedatives such as those prescribed to patients with heart conditions to help them sleep. It is also essential that the patient be aware of any procedures that may leave psychological scars and trigger anxiety disorders in future patients. An anxiety disorder can impact a patient’s ability to recuperate from an injury or disease and should not be subjected to unnecessary pain, suffering, or distress.

3.Failure to obtain informed consent

Informed consent is obtained when patients are informed of any procedure’s risks and possible outcomes. Permission is received before performing any operation or procedure. In many cases, patients are not informed of the risks involved in having a process or other treatment, and therefore, a medical malpractice claim is filed.

4.Failure to treat properly

A doctor must keep the patient as healthy as possible and provide quality care during and after their hospital stay. No one expects their physician to make them well overnight, but an appropriate course of action is implemented quickly for ailments treated at home. A medical malpractice claim can be filed when proper treatment has been delayed or refused.

5.Failure to provide a prognosis

A prognosis, or a prediction of risk and expected outcome, should be given to all patients who have undergone surgery or treatment for any illness, disease, or injury that is not self-limiting. Providing an accurate prognosis helps the patient make educated choices about treatment options and recovery time. If a physician fails to inform patients of the risks and expected outcome from their illness or injury, they have most likely violated their duty of care and may be sued for medical malpractice.

6.Failure to disclose

Inform the patient of any possible side effects or complications after the operation if the process is relatively minor. The physician should avoid withholding information on consequential damages that may be incurred after a procedure has been completed.

7.Unreliable Diagnosis

A physician is legally obligated to diagnose any illness the patient may have accurately. Any failure to provide an accurate diagnosis can lead to a medical malpractice claim. If the mistake is minor, the patient may not file a claim, but if any damage is avoided through quick action on the part of the hospital, a claim is filed. Appropriate medical records, tests, and images are kept to prove the claim.

8.Failure to treat for pain or post-operative care

The physician must ensure that any pain or discomfort associated with surgery or treatment for illness or disease is appropriately managed and treated. A physician must have the proper training and knowledge to treat a patient to avoid imposing unnecessary pain and suffering on them. The patient’s physician should determine the appropriate treatment for post-operative or post-surgical complications.

9.Failure to comply with laws, regulations, guidelines, and standards of care

Physicians must follow all laws, guidelines, standards, and regulations while treating their patients. Failure to follow these rules can result in legal action against the physician and make it possible for the patient to file a medical malpractice claim.


A physician must provide the best possible care to their patients. Any failure to treat appropriately and capably is considered medical malpractice. When a patient or their family member fails to recover as expected, they are most likely provided inadequate treatment.

Medical malpractice cases can be complex, and the defense of a claim requires the assistance of a skilled medical malpractice attorney. The attorney must be familiar with the laws governing medical malpractice and the resources available to support the client’s cause. You need to contact the best medical negligence lawyer to help you in a medical malpractice case.

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