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When a stroke is mistaken for vertigo, the misdiagnosis could constitute medical malpractice. Giving a patient medication they're allergic to may also support a malpractice claim. Operating on the wrong body part may also qualify. Leaving sponges inside a patient's body may qualify, too. Malpractice isn't automatic when a C-section is delayed or an anesthesia dose is wrong. An injury must result from care that falls below the required standard.
A bad outcome alone doesn't establish malpractice. The comparison is with a competent provider: what would they do in similar circumstances? The shortfall in care must have caused harm to the patient for malpractice to apply. My25Lawyer explains that distinction in its article The Most Common Medical Malpractice Cases.
Examples by type of medical error
These examples may qualify as malpractice. They don't represent confirmed findings in a particular lawsuit. The situations below illustrate how treatment errors can harm patients, as My25Lawyer explains.
| Type of error | Example | Harm described |
|---|---|---|
| Misdiagnosis or delayed diagnosis | A provider mistakes stroke symptoms for vertigo. | The patient loses time before receiving treatment. |
| Medication error | A patient with a penicillin allergy receives a penicillin-based antibiotic. | The patient has a life-threatening allergic reaction. |
| Surgical error | A surgeon operates on the wrong side of the body or removes the wrong organ. | The patient needs additional procedures to correct the error. |
| Birth injury | A delayed C-section causes oxygen deprivation. | The newborn suffers a brain injury. |
| Anesthesia error | A patient receives an excessive dose of anesthesia. | The patient experiences brain damage and an extended coma. |
| Failure to treat | A patient diagnosed with diabetes receives no counseling or treatment plan. | Unmanaged blood sugar leads to severe complications. |
A missed diagnosis isn't automatically malpractice
A provider who identifies the wrong condition has misdiagnosed it. A delayed diagnosis identifies the condition, but too late. Patients can lose treatment time when diagnosis is delayed, My25Lawyer explains in its discussion of cancer, heart disease and infections.
The diagnosis alone won't resolve whether the care was negligent. The review needs to examine the provider's actions at the time. How the delay affected the patient also needs to be reviewed. Consider what happened in the stroke scenario. The misdiagnosis held up treatment. Later, you may learn that the diagnosis was wrong. Learning that it was wrong doesn't, by itself, establish negligent care.
Two reported surgical examples
In Shocking Examples of Medical Malpractice, Kinnally Flaherty Krentz Loran Hodge & Masur P.C. recounts two surgical incidents. The firm is the source of these accounts. Another patient's claim can't be valued from these accounts.
Surgical sponges left after a biopsy
The firm reports that a woman developed severe chest pain after a breast biopsy. Something in her breast tissue was found by another doctor. Two surgical sponges had been left there during the procedure; the hospital later removed them.
The firm's article says her body had formed tissue around the sponges. For pain and suffering, she received $250,000, the article reports. Her medical expenses were also paid. The article doesn't say the firm obtained that result.
A donated kidney placed on the wrong side
A patient's donated kidney was meant for his left side at Ronald Reagan UCLA Medical Center, the same article reports. Plaque blocked an artery to his right kidney. Instead, the donated kidney ended up on the wrong side, placed there by the doctor.
The firm reports the doctor's admission: he hadn't reviewed the patient's chart before surgery. The kidney came from his sister, but the patient returned to the kidney waiting list, the firm's article says. The firm's article doesn't give a settlement or verdict amount.
What makes an error a possible malpractice claim?
The first step is to connect the injury to the care received. My25Lawyer defines malpractice as harm to a patient caused by care that falls below the required standard. The healthcare provider's failure must have caused the harm. My25Lawyer cautions that an error isn't necessarily malpractice.
When communication breaks down, a patient may get the wrong medication or the wrong dose. Malpractice requires more than a failure to communicate. The failure must cause an injury. You'll need to show how the two are connected. A lawyer in your state or province can review the care with you. They can assess whether what happened could support a claim.
What to do next
The Kinnally Flaherty firm's article recommends considering a second medical opinion if you're worried about the care you received. For a legal review, it can help to have your account in writing. Include when you first noticed the harm in that account. A medication list or surgical report you already have can be a starting point. To review the care and the resulting harm, a lawyer in your state or province may need records beyond those you already have. You can ask what's needed.
Common questions
What counts as medical malpractice?
Can a birth injury be medical malpractice?
Is it worth suing for medical malpractice?
Sources
- The Most Common Medical Malpractice Cases, My25Lawyer
- Shocking Examples Of Medical Malpractice, Kinnally Flaherty Krentz Loran Hodge & Masur P.C.