What Are the Most Common Medical Malpractice Claims?

Diagnostic errors are the leading cause of medical malpractice claims, according to claims advisor Coverys. This type of error can occur at several stages of the diagnostic process and includes mistakes such as:

• Failure to properly evaluate the patient
• Diagnostic/lab testing errors
• Misdiagnosis
• Failure to diagnose
• Referral and follow-up errors

Cancer, infections, cardiac/vascular conditions, fractures/dislocations, and myocardial infarctions are among the leading conditions in diagnosis-related malpractice claims.

Surgical errors are the second leading cause of malpractice claims, reports Coverys, and account for one-quarter of all claims filed annually. The vast majority of these involve allegations about the doctor’s performance during the procedure, but scenarios such as a left foreign body during surgery, an unnecessary procedure, and surgery on the wrong part of the patient are all also common. More than ten percent of surgical claims allege a failure in communication. Around thirty-five percent of surgical errors result in permanent injury.

Suspect medical malpractice? Download your free copy of our medical malpractice checklist.

Around two-thirds of Americans take at least one prescription drug. Prescription drugs are a big part of total healthcare expenditures—and a leading cause of liability in healthcare settings.

Most medication errors occur in an office or clinic setting. These errors can happen at every step of the process—from the practitioner initially ordering the medication, to giving a patient an incorrect dose, to improper monitoring and management. Patients could be given two or more drugs that cause a harmful reaction, be given the wrong drug, or be given a drug meant for a different patient. Anticoagulants, opioids, antibiotics, cardiovascular drugs, steroids, and psychotropic drugs are frequently involved in malpractice claims.

The birth process is inherently stressful for both mother and child, but no matter how difficult the delivery, it is not an excuse for medical negligence. Mistakes before, after, or during delivery can cause birth injuries that affect the child for their entire life. The doctor or medical professional who delivered the baby could be held liable for errors such as:

• Improper forceps use
• Improper vacuum use
• Delay in ordering a cesarean section
• Failure to properly respond to fetal distress
• Not performing specialized tests during pregnancy

Morgan & Morgan has a long and successful history of representing the parents of children who suffered birth injuries.

Our medical malpractice track record includes many substantial verdicts and settlements. Over 30+ years, we’ve won more than $20 billion—and counting—for our clients, including many multi-million dollar medical malpractice verdicts.

Success breeds success. We bring an army of attorneys and a reputation as fearless trial lawyers to every case. Other law firms just can’t match our strength, depth of experience, and history of winning big cases. Learn more about why there’s only one Morgan & Morgan during a free, no-obligation case review.