When you place your health and well-being in the hands of a medical professional, you do so with trust. You trust that your doctor, nurse, or healthcare provider will use their expertise to provide you with safe and effective care. However, even skilled professionals can make mistakes—and when they do, the consequences can be devastating. Some medical errors go beyond simple human error and may rise to the level of malpractice, leaving patients and their families to deal with life-changing consequences.
If you’ve experienced harm due to a medical mistake, you might feel overwhelmed, betrayed, or even unsure of how to proceed. Understanding common medical errors that could warrant a malpractice claim can help you feel empowered to seek accountability, justice, and proper compensation for what you’ve endured.
What Is Medical Malpractice?
Medical malpractice occurs when a healthcare professional, through a negligent act or omission, provides care that falls below the accepted standard in the medical community, resulting in harm to a patient. It’s important to understand that not every negative outcome qualifies as malpractice. However, when avoidable errors, carelessness, or a lack of proper judgment lead to injury or illness, legal action may be warranted.
Common Medical Errors Leading to Malpractice Claims
Here are some of the most common medical errors that could warrant a malpractice claim:
1. Misdiagnosis or Delayed Diagnosis
A timely and accurate diagnosis is critical to effective treatment. Unfortunately, misdiagnosis and delayed diagnosis rank among the most common causes of malpractice claims. When a medical professional incorrectly diagnoses a condition—or fails to diagnose it entirely—it can result in serious harm. For example:
- A cancer misdiagnosis could rob a patient of critical time needed for early intervention.
- A heart attack mistaken for indigestion may result in life-threatening complications.
If your medical provider fails to diagnose your condition correctly, leading to worsening health, this may constitute malpractice.
2. Medication Errors
Medication errors can have life-threatening consequences and occur in a variety of ways, including:
- Prescribing the wrong medication for your condition
- Administering an incorrect dosage, either too high or too low
- Failing to account for drug allergies, leading to allergic reactions
- Not considering drug interactions, which can cause harmful side effects
Such errors are preventable and often stem from carelessness, inadequate patient history reviews, or breakdowns in communication between healthcare providers.
3. Surgical Errors
Surgery is inherently risky, but certain errors are entirely avoidable and may qualify as malpractice. Common surgical errors include:
- Operating on the wrong body site or performing the wrong procedure
- Leaving surgical instruments (such as sponges or clamps) inside the patient
- Nerve damage due to a lack of precision during the procedure
- Negligence in monitoring the patient during surgery, leading to complications such as anesthesia errors or excessive bleeding
If a surgical procedure causes unexpected harm due to negligence, accountability is critical to achieving justice.
4. Birth Injuries
Bringing new life into the world should be a time of hope and celebration, but medical negligence during childbirth can result in devastating consequences for both the mother and baby. Examples of medical errors during childbirth include:
- Improper use of forceps or vacuum devices, leading to fetal injuries
- Delaying a necessary C-section, resulting in oxygen deprivation or other complications
- Failing to manage maternal conditions, such as preeclampsia or gestational diabetes
Birth injuries caused by medical mistakes may lead to lifelong challenges, and pursuing a malpractice claim can provide the resources needed to manage ongoing care.
5. Failure to Obtain Informed Consent
Before undergoing any medical procedure or treatment, healthcare providers are required to fully inform patients about the risks, benefits, and alternatives. Patients must be given the opportunity to make informed decisions about their care. If a provider fails to obtain informed consent—and the patient suffers harm as a result—the provider may be held responsible.
For example, if a patient undergoes surgery without being informed of possible side effects and then experiences one of those side effects, this lack of consent could constitute malpractice.
6. Hospital-Acquired Infections
Healthcare facilities should have strict protocols to prevent infections. However, when those protocols are not followed, patients can acquire preventable infections, such as:
- Sepsis
- MRSA (Methicillin-resistant Staphylococcus aureus)
- Post-surgical wound infections
These infections can be life-threatening and often result from unsanitary conditions, improper sterilization of equipment, or negligence in maintaining hygiene standards.
7. Failure to Monitor or Follow Up
Patients trust their healthcare providers to monitor their progress and respond appropriately to changes in their condition. A failure to conduct necessary follow-ups can leave conditions untreated or result in missed opportunities to intervene. Examples of such errors include:
- Failing to recognize signs of post-surgical complications
- Ignoring abnormal lab results
- Delaying necessary adjustments to treatment plans
This type of neglect can lead to serious harm, particularly in patients who need ongoing care or supervision.
How Can You Tell If You Have a Malpractice Case?
Determining whether your situation qualifies as medical malpractice requires careful consideration of the following factors:
- Did the healthcare provider owe you a duty of care? If you were an official patient, your provider likely had a professional duty to meet the accepted standard of care.
- Did the provider breach this duty? Negligence occurs when the care provided falls below what is typically expected in the medical community.
- Did this breach cause harm? There must be a direct link between the provider's negligence and the injury or illness you suffered.
- Did this harm result in damages? These may include physical pain, emotional suffering, additional medical expenses, or loss of income.
If you believe you’ve been a victim of medical malpractice, consulting with an experienced attorney is the first step to seeking accountability.
What to Do If You Suspect Medical Malpractice
If you suspect that a medical error has caused harm, here’s what you can do:
- Document Everything: Keep detailed records of your medical treatments, communications, and any symptoms or complications you’ve experienced.
- Seek a Second Opinion: If you feel your provider acted negligently, consulting another medical professional can help validate your concerns.
- Consult an Attorney: A compassionate and knowledgeable medical malpractice attorney can evaluate your case, guide you through the legal process, and fight to secure proper compensation.
Seek Legal Help From a Medical Malpractice Attorney
Medical professionals have a duty to provide safe, competent care, and when they fail, it’s their responsibility to make things right.
If you’ve been harmed by a preventable medical error, Burris & Thomas, LLC is here to help. We are dedicated to helping injured victims in Las Vegas and have extensive experience handling cases regarding medical negligence.
Contact our trusted medical malpractice lawyer today at (702) 529-3101 for a free consultation, and take the first step toward holding those responsible accountable.