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Common Medical Malpractice Claims

Presser Law, P.A. > Personal Injury  > Common Medical Malpractice Claims

Medical Malpractice Lawyer

Medical malpractice is estimated to contribute to 225,000 deaths each year, with approximately 1,000,000 medical injuries being reported annually. That is a staggering amount of fatalities and injuries considering only a small percentage of individuals ever file claims. However, as our friends at Hall-Justice explain, medical-related lawsuits are on the rise, with misdiagnosis, negligence, surgical errors, and childbirth injuries being the most common reasons for filing suit.


Misdiagnosis is the most common error made by medical professionals and occurs when some form of cancer is missed during a patient evaluation. The missed or delayed diagnosis can result in a disease progressing past the point of available treatment options. Additionally, diagnosing a patient as having digestive issues when they are presenting with heart-related symptoms would also fall into the category of a misdiagnosis. In either scenario, the patient could be perceived as having been irrevocably harmed by the practitioner.


Negligence is the umbrella under which several common malpractice claims are classified. After misdiagnosis and failure to treat an illness, prescription drug errors are the most common reasons for filing claims. That can include practitioners prescribing the wrong medication, giving the wrong dosage, or not recognizing complications such as drug allergies and addictions. In the case of a hospitalized patient, a medication error could be traced back to the pharmacist. 

Surgical Errors

Oversights during surgery account for a large number of malpractice claims. Miscommunication errors have resulted in numerous instances of wrong body parts being removed or surgeries being performed on the wrong people. Other surgical blunders involve tools and gauze left inside patients post-surgery. Further complications have arisen from the anesthesia given during operations and out-patient procedures.

Childbirth Injuries

A high percentage of childbirth-related injuries have resulted in numerous malpractice claims being filed every year. This can encompass anything from poorly managed prenatal care to injuries or death after delivery. Catastrophic injuries during childbirth can include:

  • An unreasonable amount of force applied during delivery
  • Misuse of forceps
  • Neglecting to perform a C-section when indicated
  • Not recognizing signs of fetal distress during labor and delivery
  • Complications from the umbilical cord being wrapped around the neck or head

While it would be unrealistic to expect physicians and other health practitioners to be perfect all the time, many injuries and deaths would seem to fall into the category of gross negligence. When mistakes such as these occur, it could be time to consult with a medical malpractice lawyer who specializes in medical malpractice claims.