Common Medical Malpractice Claims

Medical malpractice occurs when a healthcare provider makes a mistake, has an oversight, or administers negligent treatment that causes a patient harm. Recognizing common situations that result in medical malpractice may help prevent this serious problem.

Common Malpractice Claims

American patients are injured by negligent doctors and healthcare providers at an alarming rate. According to the Journal of Patient Safety, approximately 400,000 people die from healthcare provider errors, making this the third most common cause of death in the United States. Some of the most common causes of medical malpractice include the following:

Surgical Errors

Every year, patients are harmed in surgery. Many of these injuries are due to so-called “never” events, meaning that healthcare providers believe that they should never occur. Some causes of injury include:

  • Leaving surgical instruments in the patient
  • Performing surgery on the wrong body part
  • Performing surgery on the wrong patient
  • Using unsanitary surgical tools
  • Damaging organs or nerves during surgery

Medication Errors

Another common reason why a personal injury attorney Las Vegas may bring forth a medical malpractice claim is due to a medication error. Such an error may be the result of improperly documenting a patient’s existing medication regimen, not monitoring a patient during surgery for proper anesthesia distributions, prescribing the wrong type or dosage of mediation, or failing to warn patients of possible side effects. A personal injury attorney Las Vegas can investigate a claim to determine if a patient’s medical records show doctors failed to make proper inquiries.


Medical malpractice may also result when a healthcare provider fails to properly diagnose a condition or diagnoses a different condition. The patient may receive treatment or take medication that has an adverse effect on him or her. Likewise, he or she may miss a treatment option that could have made a significant difference in his or her quality of life.

Childbirth Injuries

Many medical errors relate to children who are too young to communicate, such as newborns. When an OB/GYN makes a mistake during the childbirth process, the health consequences for the mother and baby are often dire. Brain injuries and fractured bones are commonly associated with childbirth injuries. Some common errors include:

  • Failing to anticipate complications associated with the baby’s delivery
  • Failing to respond properly to fetal distress
  • Failing to order a C-section when one is medically necessary
  • Using forceps or a vacuum extractor negligently

Errors may also be attributable to mistakes in prenatal care.

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