Key Takeaways

• Medical malpractice occurs when substandard care results in patient harm, not just any medical error.
• Common malpractice types include misdiagnosis, delayed diagnosis, and failure to treat.
• Surgical mistakes—during operations, poor aftercare, or unnecessary procedures—are major malpractice cases.
• Birth injuries often lead to malpractice claims, particularly involving OB/GYN specialists.
• Prescription and anesthesia errors can cause severe, long-term patient harm.
• Proof of negligence is required: mistakes must be those most doctors would not make under similar circumstances.

Dr. Eugene “Gene” Saltzberg MD, a board-certified emergency physician since 1987, is a respected leader in clinical practice and medical education. As an associate professor at The Chicago Medical School, he has trained countless physicians in emergency diagnostics and critical thinking. With decades of experience at Northwestern Medicine, Condell Medical Center, and as medical director at Lambs Farm, Dr. Saltzberg is recognized for his expertise, ethical practice, and dedication to patient care. His perspective brings authority and clarity to complex medical and legal issues such as malpractice.

If a medical professional’s actions or inaction during patient care fail to meet accepted standards of care and result in harm to the patient, the patient may be able to pursue legal action based on the grounds of medical malpractice. Proving harm to the patient is critically important, as a medical professional cannot be charged with medical malpractice simply for making an error. Individuals can seek legal recourse using several distinct types of medical malpractice.

One of the most common examples of medical malpractice is also one of the simplest: misdiagnosis. A misdiagnosis involves a medical professional failing to identify the condition that is causing the patient’s symptoms or making an inaccurate assessment of a patient’s issues. The complications involved with a misdiagnosis cannot be overstated, as the patient’s true condition may develop to the point of being untreatable.

Wrongful death suits are also possible following a misdiagnosis. It should be noted that making an incorrect diagnosis does not automatically qualify as medical malpractice. To satisfy the grounds of medical malpractice, the incorrect or lack of diagnosis should be a mistake that most doctors would not make.

A delayed diagnosis is similar to a misdiagnosis, but is more concerned with the timeframe. As mentioned, taking too long to make the correct diagnosis can result in irreversible conditions for the patient. To prove medical malpractice, plaintiffs need to demonstrate that the medical professional failed to take basic steps to help determine a diagnosis, such as missing standard tests.

Failure to treat is another example of medical malpractice involving inferior diagnosis processes. In these cases, a correct diagnosis is made in a timely fashion, but medical teams fail to follow through on the diagnosis. For instance, a patient may be released after receiving a diagnosis despite requiring more care.

Surgical errors represent another common and potentially dangerous category of medical malpractice cases, though these errors are distinct from the inherent risks of surgery. Surgeons and other medical professionals can make various mistakes during medical procedures, such as causing avoidable damage to organs, nerves, and body tissue.

Surgical errors are not limited to mistakes made during the surgical procedure. Failure to properly sterilize medical equipment or to render appropriate aftercare following surgery are further examples of surgical errors that may satisfy the standards of medical malpractice. Performing an unnecessary surgical procedure may also constitute medical malpractice.

Certain types of medical malpractice are more specific than others. Birth injuries, for example, only affect pregnant women and newborns. The majority of medical malpractice claims in the United States are filed against OB/GYNs because of birth injuries, a type of medical error. A few examples of birth injuries include nerve damage, shoulder dystocia, and various spinal cord injuries.

Prescription drug errors, meanwhile, range from instances of misdiagnosis to medication manufacturers filling the wrong prescription, resulting in the patient taking an incorrect medication or dose. Patients can suffer several ailments as a result of taking the wrong medication, in addition to the fact that they will not be treating the condition for which they received the prescription.

Finally, patients who experience anesthesia errors may be able to pursue legal action on the grounds of medical malpractice. If an anesthesia professional fails to properly sedate a patient, the patient can suffer from many long-lasting conditions, from chronic pain to brain injuries.

FAQ

What qualifies as medical malpractice?

Medical malpractice happens when a provider’s actions or inaction fall below accepted care standards and cause patient harm.

Is a misdiagnosis always malpractice?

No. It qualifies as malpractice only if the mistake is one that a competent doctor would not reasonably make.

What are common types of medical malpractice?

Misdiagnosis, delayed diagnosis, failure to treat, surgical errors, birth injuries, prescription errors, and anesthesia mistakes.

Are surgical errors always malpractice?

Not necessarily. Malpractice applies when mistakes are avoidable, such as organ damage, poor sterilization, or unnecessary surgery.

Why are OB/GYNs often involved in malpractice claims?

Because birth injuries—like nerve damage or spinal cord injuries—are a frequent cause of malpractice suits.

Can prescription errors count as malpractice?

Yes, when wrong drugs or dosages harm patients or prevent treatment of the original condition.

What about anesthesia mistakes?

If patients are improperly sedated, leading to pain, brain injury, or lasting harm, it may qualify as malpractice.