5 Common Medical Malpractice Claims

Scartelli Olszewski P.C.

Medical malpractice may not happen commonly, but when it does, it can have a devastating impact on its victims. Patients can suffer painful, sometimes permanent injuries, not to mention terrible emotional distress. Medical malpractice claims allow victims to seek compensation for the anguish their negligent medical providers have caused.

The Most Common Medical Malpractice Claims

Here are several common malpractice claims, including surgical errors, prescription medication mistakes, and missed/delayed diagnoses.

1. Misdiagnosis and Delayed Diagnosis

Alicia goes to the doctor complaining about a sore ankle. The pain keeps worsening, she tells him, no matter what treatment she tries. The doctor ignores her clear signs of distress, prescribes her some ibuprofen, and sends her on her way.

Later, another doctor easily realizes that Alicia has cancer. Because it took so long to diagnose, her treatment will be more difficult.

This is an example of misdiagnosis and delayed diagnosis, both of which are common types of medical malpractice.

2. Surgical Mistakes

Surgery is a delicate affair, and surgeons, nurses, and anesthesiologists must take care not to harm their patients. Surgical errors can include:

Leaving surgical tools inside the patient’s body
Giving the incorrect amount of anesthesia
Not following acceptable medical practices before, during, and after the procedure
Performing the wrong surgery or operating on the wrong patient
Operating on the wrong body part

3. Prescription Drug Errors

Prescription drug mistakes aren’t just unpleasant; they can be dangerous and downright deadly. In 2023, an 81-year-old patient perished after an ICU nurse orally gave him dialysis liquid instead of the proper colonoscopy solution. Such incidents are tragic because they’re entirely preventable.

Common prescription drug errors that result in medical malpractice claims include:

Prescribing too little or too much medication
Prescribing the wrong drug for the patient’s condition
Not recognizing dangerous drug interactions
Prescribing a drug that the patient is allergic to
Not recognizing signs of drug abuse or addiction (common when prescribing addictive drugs such as opiates)

4. Failure To Treat

“Failure to treat” doesn’t necessarily mean that a provider refused to treat their patient. Rather, it means that they failed to treat the patient according to an accepted standard of care. Examples that lead to medical malpractice claims include:

Not ordering the right tests
Not considering the patient’s medical history when offering treatment
Releasing the patient from the hospital too quickly
Not providing instructions for follow-up care

5. Poor Pre- or Post-Operative Care

Even if a patient’s surgery goes smoothly, making a mistake before or after the procedure can affect the outcome negatively. For example, if a provider fails to sanitize equipment before operating, their negligence may cause an infection. Failing to monitor the patient after surgery can be deadly if the patient has a bad reaction.

Do You Have a Valid Medical Malpractice Claim?

It may surprise you to know that just because your provider was negligent, it doesn’t necessarily mean that you have a valid malpractice claim. For malpractice legal claims to stand up in court, the provider’s negligence must have directly caused you harm.

To collect compensation, your malpractice attorney must prove that:

You had a patient-provider relationship with the practitioner or facility.
The provider or facility breached their duty of care. For malpractice, this means that they deviated from an accepted care standard.
The provider’s negligence caused you harm.
Due to their negligence, you suffered damages, which might include pain and suffering, additional medical bills, lost wages, etc.

Compassionate Help for Medical Malpractice Claims in Pennsylvania

If you believe you’ve suffered patient harm from your provider’s negligence, reach out to Scartelli Olszewski, P.C. We have years of experience assisting with medical malpractice claims and stand ready to help you seek justice. Call us at 570-346-2600 or contact us online for a consultation.