Legal

Medical Malpractice: Common Errors by Doctors and Hospitals

By Emily WilsonPUBLISHED: April 24, 21:05UPDATED: April 24, 21:08 1040
Doctor reviewing medical records with a concerned patient in a clinical setting

Medical malpractice lawsuits stem from professional negligence in healthcare delivery that results in patient harm. Proving negligence in a medical malpractice claim is complex and challenging, often requiring legal expertise to build a compelling case. It's important to note that not all instances of perceived harm constitute a valid claim. This guide outlines common errors made by healthcare providers and institutions, and situations where patients may be entitled to compensation.

Diagnostic Errors

Diagnostic errors, including misdiagnosis and delayed diagnosis, account for a significant portion of medical malpractice claims. Misdiagnosis occurs when a healthcare provider incorrectly identifies a patient's condition. Delayed diagnosis happens when providers fail to identify a condition in a timely manner, potentially allowing the patient's condition to worsen.

Medication Errors

Medication errors can lead to patient harm through various mechanisms, including:

  • Medication toxicity

  • Severe drug interactions

  • Worsening of conditions due to incorrect prescriptions

  • Dispensing errors by pharmacists

  • Administration errors by nursing staff

Surgical Errors

Despite strict surgical protocols, errors can still occur due to factors such as miscommunication, inadequate training, or fatigue. Common surgical mistakes include:

  • Anesthesia complications

  • Wrong-site surgery

  • Wrong-patient surgery

  • Negligent post-operative care

  • Retained surgical instruments

Childbirth Injuries

Childbirth injury claims can arise from negligent complications during delivery or from errors occurring earlier in pregnancy, such as failure to identify congenital abnormalities or ectopic pregnancies. Potential grounds for a valid childbirth injury claim may include:

  • Failure to respond to fetal distress

  • Injuries to mother or child due to improper use of birthing equipment

  • Failure to perform a timely cesarean section when indicated

It's crucial to demonstrate that the medical error resulted in compensable harm to establish a valid claim.

Pursuing Compensation

“Proving a breach of duty poses a significant challenge in medical malpractice claims. You must show that provider fell short of what another professional with a similar level of training would have provided under similar circumstances,” says Toledo medical malpractice lawyer Carasusana Wall. 

Engaging a medical malpractice attorney can significantly impact case outcomes. An attorney's role includes:

  • Gathering evidence

  • Connecting clients with expert witnesses to establish deviations from the standard of care

  • Negotiating settlements

  • Providing effective legal representation

Given the complexity of medical malpractice cases, seeking assistance from a trained Ohio medical malpractice attorney is advisable for those considering pursuing a claim.

Emily Wilson

Emily Wilson

Emily Wilson is a content strategist and writer with a passion for digital storytelling. She has a background in journalism and has worked with various media outlets, covering topics ranging from lifestyle to technology. When she’s not writing, Emily enjoys hiking, photography, and exploring new coffee shops.

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