Six Examples of Medical Malpractice Cases

Legal documents related to medical malpractice.

Learning about common examples of medical malpractice can help you recognize when something may have gone wrong.

When people search for medical malpractice, they often want to know what mistakes qualify as malpractice and whether they may have a legal claim. While not every bad medical outcome is caused by negligence, some healthcare errors could have been prevented if the accepted standard of care had been followed. When those preventable mistakes cause serious harm, patients and their families may have the right to seek compensation.

Medical malpractice typically happens when a doctor, nurse, hospital, pharmacist, or another healthcare provider fails to provide the level of care that a reasonably skilled medical professional would have provided under similar circumstances. The result should be an injury or worsening of the patient’s condition.

If you or someone you care about has suffered because of medical malpractice, The Law Offices of David L. Hood can help you understand your legal rights.

Key Takeaways

  • Understanding common examples of medical malpractice can help patients recognize when preventable medical errors may have occurred.
  • Delayed diagnosis, anesthesia mistakes, surgery errors, childbirth injuries, medication errors, and bedsores are among the most common malpractice claims.
  • Not every medical mistake is malpractice, but the negligence that causes injury may justify legal action.
  • Medical malpractice claims usually require expert medical testimony and careful investigation.
  • Speaking with an experienced South Carolina medical malpractice attorney as soon as possible can help protect your legal rights.

David L. Hood and his co-counsel legal team understand the physical, emotional, and financial toll these cases can have on families. Call us today for a free consultation!

What Is Medical Malpractice?

Medical malpractice is more than simply making a mistake. Medicine is not perfect, and even skilled doctors cannot guarantee successful outcomes. However, healthcare providers are expected to follow accepted medical standards.

To win a medical malpractice claim, an injured patient generally should prove:

  • A doctor-patient relationship existed.
  • The healthcare provider breached the accepted standard of care.
  • That breach caused an injury.
  • The injury resulted in damages such as additional medical bills, lost wages, disability, or pain and suffering or death.

Most examples of medical malpractice involve errors that could have been avoided with proper care, communication, attention or simply following standard procedures.

Six Common Examples of Medical Malpractice

While medical malpractice consists of a small number of legal cases each year, certain medical errors are more common in medical malpractice cases, including:

A Delayed Diagnosis or Misdiagnosis

If a serious health condition is not diagnosed in a timely way or is misdiagnosed, treatment options may become less effective or even ineffective for the patient. In a medical malpractice situation, a treating doctor’s handling of a patient’s case would be compared to other doctors’ methods for diagnosing the patient’s condition. An attorney may also find that the treating physician took steps in the diagnosis process that aren’t standard and caused them to miss the real medical issue.

Delayed diagnosis is one of the leading examples of medical malpractice because early treatment often makes a significant difference. Conditions commonly involved include:

  • Cancer
  • Stroke
  • Heart attack
  • Sepsis
  • Meningitis

A delayed diagnosis may allow a disease to spread or become much harder to treat. Sometimes, it even results in death.

Our blogs on this subject:
Delayed Cancer Diagnosis Lawsuits in South Carolina
Stroke Misdiagnosis Lawsuits

Anesthesia Errors

Anesthesia errors can result in brain damage, permanent injury, or death. An anesthesia error could be considered medical malpractice if an anesthesiologist fails to investigate a patient’s medical history or consider the medications the patient is on. Additionally, improper dosage, failure to monitor vitals, and defective equipment are other anesthesia errors that may be considered medical malpractice.

Because anesthesia affects breathing, blood pressure, and heart function, even small mistakes can have devastating consequences. Anesthesia mistakes are serious examples of medical malpractice that typically require expert medical opinions to determine exactly what went wrong.

Our blog on this subject:
Anesthesia Errors and Your Legal Rights

Surgery Errors

Surgeons and attending nurses may commit surgery errors that warrant a medical malpractice claim. Surgeons sometimes puncture internal organs, leave surgical instruments inside a person’s body, or operate on the wrong body part altogether, while a nurse might be negligent in giving postoperative care and causing complications, including serious injury or death.

Additional surgical mistakes may include:

  • Operating on the wrong patient.
  • Performing an unnecessary procedure.
  • Failing to recognize internal bleeding.
  • Poor infection control after surgery.

These examples of medical malpractice often require patients to undergo additional surgeries and lengthy rehabilitation and can lead to an untimely death.

Childbirth Injuries

This type of medical malpractice committed by a physician or obstetrician can happen during pregnancy or childbirth. Two primary kinds of negligence may occur concerning fetal and childbirth injuries:

  • Negligent prenatal care. Examples include a healthcare provider failing to diagnose a mother’s medical condition, detect birth defects, identify an abnormal position, or diagnose a serious or contagious disease that could harm the mother’s fetus.
  • Negligence during childbirth. Common medical errors include a doctor failing to: anticipate certain birth complications, respond to signs of fetal distress, order a cesarean section in time or when one is necessary. Misuse of forceps or a vacuum extractor is also common.

Birth injuries can lead to lifelong disabilities such as cerebral palsy, nerve injuries, or developmental delays. These heartbreaking examples of medical malpractice often affect both the child and the entire family for years to come.

For information from the CDC on pregnancy complications: CDC.gov Pregnancy Complications

Medication Errors and Pharmacy Malpractice

An estimated one million medication errors occur each year, contributing to approximately 7,000 deaths in the United States. Patients may be harmed by medication errors in many ways, including when a doctor prescribes the wrong medication or prescribes medication for a misdiagnosed condition. Most often, a medication error happens when an incorrect dosage is prescribed, whether due to a bad prescription, a pharmacy error, or even a drug manufacturing defect.

Medication mistakes may also involve:

  • Dangerous drug interactions.
  • Giving medication to the wrong patient.
  • Misreading prescriptions.
  • Failure to warn patients about serious side effects.

These examples of medical malpractice can cause severe allergic reactions, organ damage, permanent disability, or even death.

Bedsores (Pressure Ulcers)

Bedsores, also called pressure ulcers or pressure injuries, are among the most preventable examples of medical malpractice. They often develop when hospital patients, nursing home residents, or individuals recovering from surgery remain in the same position for long periods without being turned, repositioned, or properly monitored.

Healthcare providers are expected to identify patients who are at risk for pressure ulcers and take preventive steps, including:

  • Regularly repositioning patients.
  • Keeping skin clean and dry.
  • Providing pressure-relieving mattresses or cushions.
  • Monitoring nutrition and hydration.
  • Treating early signs of skin breakdown before they worsen.

When these basic standards of care are ignored, patients may develop painful Stage III or Stage IV pressure ulcers that expose muscle or bone, become infected, or even lead to strokes, heart attacks, sepsis or death.

Bedsores are especially common in:

  • Nursing homes
  • Hospitals
  • Rehabilitation centers
  • Assisted living facilities
  • Intensive care units

Because pressure ulcers are largely preventable with proper care, they are frequently cited as examples of medical malpractice and nursing home negligence.

Additional Examples of Medical Malpractice

Although the six categories above are among the most common, there are many other situations where medical negligence may occur, including:

  • Emergency room mistakes.
  • Failure to monitor hospitalized patients.
  • Nursing home neglect.
  • Failure to obtain informed consent.
  • Improper treatment after surgery.
  • Radiology errors.
  • Laboratory testing mistakes.

Every case depends on its own facts. An experienced attorney can review medical records and consult qualified medical experts to determine whether negligence occurred.

What Should You Do If You Believe Medical Malpractice Occurred?

If you believe you or someone you love has been injured because of medical negligence, taking action quickly is important.

Consider these steps:

  • Continue receiving appropriate medical care.
  • Keep copies of your medical records.
  • Save bills, prescriptions, and discharge instructions.
  • Write down everything you remember while it is still fresh.
  • Speak with a South Carolina medical malpractice Attorney David Hood and his co-counsel legal team before discussing your claim with insurance companies.

Many successful cases begin with careful investigation and expert medical review.

Video: Victim of medical malpractice?

How a Medical Malpractice Attorney Can Help

Medical malpractice cases are among the most complex personal injury claims. They often require extensive medical records, testimony from qualified medical experts, and a detailed understanding of South Carolina law.

An attorney may be able to:

  • Investigate what happened.
  • Obtain and review medical records.
  • Work with medical experts.
  • Identify all responsible parties.
  • Calculate the full value of your damages.
  • Negotiate with insurance companies.
  • Represent you in court if necessary.

Having experienced legal representation allows injured patients to focus on healing while their legal team handles the complicated claims process. Contact The Law Offices of David L. Hood today!

Why Choose The Law Offices of David L. Hood?

If you have suffered injuries because of medical negligence, The Law Offices of David L. Hood and his co-counsel legal team has spent more than 30 years helping injured South Carolinians pursue justice. We understand how devastating medical errors can be for patients and their families and work tirelessly to investigate every claim.

Attorney David L. Hood has earned recognition as one of America’s Top 100 Personal Injury Attorneys, has been selected among the Nation’s Top One Percent by the National Association of Distinguished Counsel, and has been recognized as one of America’s Top 100 Medical Malpractice Litigators. The firm has also earned 105 (and counting)verified five-star client reviews and represents clients throughout South Carolina on a contingency fee basis, meaning there is no attorney fee unless compensation is recovered.

Contact The Law Offices of David L. Hood

If you or a loved one has been harmed by a preventable medical error, you do not have to face the situation alone. The Law Offices of David L. Hood can evaluate your case, explain your legal options, and fight for the compensation you deserve. Contact us today for a free consultation to learn whether your situation may involve one of the many examples of medical malpractice recognized under South Carolina law. You can reach us at one of our 18 South Carolina locations, or by phonetext, chat, or email.

Federal Government resources on patient safety:
Agency for Healthcare Research and Quality (AHRQ) – Patient Safety Network
National Institutes of Health (NIH) – MedlinePlus: Patient Safety

The Law Offices of David L. Hood’s principal office is located in Murrells Inlet, SC and that is where Attorney Hood principally performs legal services and practices law. This website constitutes attorney advertising and is designed for general information only. The information presented in this website should not be construed to be formal legal advice or create an attorney client relationship.
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