Common Types of Medical Malpractice

Medical malpractice occurs when a healthcare professional fails to provide proper treatment, which results in harm, injury, or death of a patient. Understanding the common types of medical malpractice is critical for patients who may have experienced it.

Most healthcare professionals provide proper patient care, but what about those who have suffered from negligence, misdiagnosis, or substandard treatment? Let’s take a closer look at medical malpractice, medical malpractice examples, and the importance of contacting a medical negligence lawyer in Florida if you believe you may have a claim. 

What Is Medical Malpractice?

Medical malpractice is a serious issue in the United States. Medical errors have recently been reported as the third leading cause of death in the US. Examples of medical malpractice include medical errors, medication errors, and any other form of negligence by healthcare professionals, including physicians, nurses, anesthesiologists, and other medical staff.

So, to qualify as medical malpractice, you must prove that your experience meets certain criteria.

The four legal elements of medical malpractice are as follows:

• A doctor-patient relationship establishes the duty of care owed to the patient.
• The duty of care was breached, and the medical professional did not meet the “standard of care.”
• The negligence was a direct cause of patient injury or death.
• The injury resulted in damaging consequences.

You may have a medical malpractice case if their negligence resulted in harm or an injury.

Medical Malpractice Examples

Let’s take a look at some common types of medical negligence, as there are a few different forms: 

Misdiagnosis or Delayed Diagnosis

Medical misdiagnosis refers to when a medical professional fails to diagnose a medical condition accurately. It can include a wrong diagnosis, a missed diagnosis, or a delayed diagnosis. Doctors can make mistakes when diagnosing conditions, but for it to be considered medical malpractice, the misdiagnosis must lead to improper medical care or delayed treatment that worsens the patient’s symptoms. Sometimes, a misdiagnosis can lead to improper treatment or medications that the patient doesn’t need, which could also result in harm.

Surgical Errors

Surgical errors are mistakes that happen during surgery. Many different types of surgical mistakes can occur, leading to medical malpractice. Some of the common surgical mistakes include:

• Wrong patient surgery
• Wrong side/body part surgery
• Leaving objects in the body
• Damaging internal parts of the body
• Unsanitary conditions
• Anesthesia errors
• Unnecessary surgical procedures

However, this list is not exhaustive; many other issues can ensue due to medical negligence.

Pharmaceutical/Medication Errors

Unfortunately, many different types of medication errors can occur. From giving the wrong medication to a patient to prescribing a drug that interacts with other medicines, pharmaceutical errors are a common form of medical malpractice. It’s important to note that anytime a medication error causes harm, it is medical negligence. Medication errors are often an example of negligence in a hospital setting, as multiple healthcare professionals are responsible for care, leading to potential mistakes.

Birth Injuries

Birth injury medical malpractice transpires when a medical professional makes a dire mistake during delivery that results in a birth injury. Some of the common birth defects that may be caused by medical malpractice include:

• Cerebral palsy
• Spinal cord injuries
• Spina bifida
• Nerve damage
• Other birth injuries that clearly resulted from negligence

In severe cases, medical malpractice can lead to birth injuries that result in the death of the baby or the mother.

Failure to Treat

“Failure to treat” encompasses a wide range of scenarios when doctors or other medical professionals do not provide an adequate standard of care. Anytime a medical professional fails to take the correct steps to treat a condition that leads to more harm, it can be considered a failure to treat. Some examples of this could include: 

• Incorrectly interpreting or reading test results 
• Not referring to a specialist
• Not informing a patient about all of their options 
• Releasing a patient from the hospital too quickly 
• Failing to treat or even diagnose due to payment issues
• Not treating a medical condition in a timely fashion

When a medical condition is left undiagnosed or simply not treated, conditions can worsen over time, leading to more harm, longer treatment times, and even more costs. 

Identifying Medical Negligence

Medical negligence and malpractice are serious issues. Misdiagnosis, surgical errors, medication errors, birth defects, and failure to treat are just some examples of healthcare professionals failing to provide the standard of care that patients deserve.

To establish medical negligence, the patient’s claim must prove that the doctor was unable to provide the level of care that an average doctor in the same scenario would provide. A malpractice lawyer’s thorough investigation is crucial to determining medical malpractice.

Why Choose Us for Medical Malpractice Cases

In Florida, you only have a limited time to file a claim. Generally, you have a two-year window from the date of the incident that led to your claim or from the date the harm was discovered—or should have been discovered through reasonable diligence—to take legal action. This may be extended to four years where injury wasn’t immediately discoverable and there can be exception after four years for cases involving fraud or concealment. It’s important to work with a personal injury attorney who understands the elements of medical malpractice in Florida. Depending on the specifics of your case, they may conduct a thorough investigation, including reviewing medical records, meeting with expert eyewitnesses, identifying deviations from the standard of care, and gathering evidence to build a claim.

At Gordon & Partners Law Firm, we have recovered Billions for victims of negligence in Florida. Our firm operates on a contingency fee basis, meaning you pay no upfront costs—we only get paid if you receive a settlement, award, or verdict. Contact us today for a free, no-obligation consultation with an experienced medical malpractice attorney.