The Different Types of Medical Malpractice

The Different Types of Medical Malpractice
March 22, 2023

The Different Types of Medical Malpractice

Have you ever wondered what exactly constitutes medical malpractice? Are you unsure if you or a loved one has been a victim of it? Medical malpractice is a serious issue that affects countless individuals each year. Let's review the different types of medical malpractice so you can be on the lookout. Contact Hinkle Law today for a FREE case evaluation if you or a loved one has been harmed due to medical malpractice. Our medical malpractice lawyers are here to help.

What is Medical Malpractice?

Medical malpractice occurs when a healthcare professional fails to provide the appropriate standard of care, harming the patient. This can include misdiagnosis, surgical errors, medication errors, and more.

If you or a loved one has suffered harm due to the negligence of a healthcare professional, it's essential to understand what constitutes medical malpractice. This article will explore the different types of medical malpractice and what you can do if you believe you've been a victim.

The United States sees a yearly average of 15,000 to 19,000 medical malpractice suits filed against doctors, as the Medical Malpractice Center reported.

What is Medical Negligence?

The Different Types of Medical Malpractice

Medical negligence refers to the failure of a medical professional to provide the required level of care and attention to a patient, resulting in harm or injury to the patient. It can occur for various reasons, such as misdiagnosis, incorrect treatment, errors during surgery, and failure to provide adequate follow-up care. Medical negligence can have severe consequences for the patient, including physical and emotional trauma, financial loss, and even death. It is a severe issue that requires careful attention and accountability from medical professionals to ensure the safety and well-being of their patients.

What's the Difference Between Medical Malpractice and Medical Negligence?

The difference between medical malpractice and medical negligence typically boils down to a healthcare professional's intent or awareness regarding any errors during treatment. Medical malpractice occurs when a healthcare professional fails to meet the standard of care expected within their profession - irrespective of their motives - while medical negligence occurs when they act in an unconscionable way with deliberate indifference or disregard for outcomes that patients may have suffered due to their actions. Whether medical malpractice or medical negligence was involved in any particular situation, patients have the right to seek justice and answers if they feel any healthcare professionals have wronged them.

The Different Types of Medical Malpractice

There are many types of things that count as medical malpractice. Some are pretty straightforward, but others are a bit more complex. Let's review these and look over the options.


A misdiagnosis in medical malpractice refers to a healthcare professional failing to accurately diagnose a patient's medical condition, resulting in incorrect or delayed treatment. This can cause harm or even death to the patient and can be considered a form of medical negligence. Misdiagnosis can occur for various reasons, including inadequate testing, misinterpretation of test results, and failure to consider all possible diagnoses.

Delayed Diagnosis

A delayed diagnosis in medical malpractice refers to a situation where a healthcare provider fails to diagnose a medical condition promptly, resulting in harm or injury to the patient. This can occur due to various reasons, such as a failure to order necessary tests, misinterpretation of test results, or a failure to recognize the symptoms of a condition. Delayed diagnosis can have serious consequences, as it can lead to delayed treatment, progression of the disease, and even death in some cases.

Surgical Errors

Surgical errors in medical malpractice refer to mistakes made by a surgeon during a surgical procedure. These errors can include performing the wrong procedure, operating on the wrong body part, leaving surgical instruments or sponges inside the patient, damaging nerves or organs, or failing to monitor the patient during and after the surgery properly. These errors can result in serious injuries or even death for the patient, leading to medical malpractice lawsuits against the surgeon or hospital.

Medication Errors

Medication errors refer to mistakes that occur during the prescribing, dispensing, administering, or monitoring medication. These errors can include:

  • giving the wrong medication or dose
  • administering medication through the wrong route
  • or failing to monitor a patient's response to medication.

Medication errors can have severe consequences for patients, including:

  • adverse drug reactions
  • hospitalization
  • and even death.

Healthcare providers must prevent medication errors, such as double-checking medication orders, verifying patient information, and using technology to improve medication safety.

Birth Injuries

Birth injuries are when a healthcare professional provides substandard care during childbirth, harming the mother, the baby, or both.

Anesthesia Errors

Anesthesia errors are when an anesthesiologist administers too much or too little anesthesia, leading to complications such as paralysis, brain damage, or even death.

Failure To Obtain Informed Consent

Failure to obtain informed consent from a patient before administering treatment can have significant ethical and legal consequences in the medical field. Informed consent is a crucial aspect of medical practice. It ensures that patients are fully aware of the risks and benefits of a particular treatment or procedure before they agree to undergo it. Failure to obtain informed consent can result in a breach of trust between the patient and the healthcare provider and potential legal action against the provider. In some cases, patients may suffer harm or injury due to not being fully informed about their treatment, which can result in further legal action. Failure to obtain informed consent can also lead to negative publicity for the healthcare provider, damaging their reputation and potentially resulting in the loss of patients. Overall, obtaining informed consent is a critical component of ethical medical practice, and failure to do so can have severe consequences for both the healthcare provider and the patient.

What Does a Malpractice Case Involve?

A malpractice case involves a legal claim made by a patient against a healthcare professional or provider for negligence or substandard care that caused harm or injury. The patient must prove that the healthcare professional or provider breached their duty of care towards the patient, resulting in harm or injury. The case may involve a medical review panel to evaluate the evidence and determine whether malpractice occurred. If the case goes to court, the patient must prove their claim by a preponderance of the evidence.

The damages awarded may include compensation for:

  • medical expenses
  • lost wages
  • pain and suffering
  • and other related costs.

How Long Do Medical Malpractice Cases Take?

The duration of medical malpractice cases varies greatly depending on the complexity of the case, the jurisdiction, and the willingness of the parties to settle. Some cases can be resolved in months, while others can take years to conclude. It's essential to have an experienced attorney who can guide you through the process and help you understand what to expect.

What Are The Doctor's Responsibilities to You?

The first and foremost responsibility that a doctor has to you is to provide competent medical care. This includes abiding by the basic professional standards of care for their specialty or field of medicine. Doctors must consider patients’ wishes, needs, and preferences to provide the best possible care according to those guidelines. Furthermore, doctors should treat patients with respect and kindness, as well as make sure always to keep them informed of any changes to their health status during the process of providing care.

Additionally, it is essential for doctors to be honest about diagnoses and treatment plans so that patients can make better decisions about their health. Doctors should get informed consent from patients or family members before performing medical procedures. This ensures that the patient (or their proxy) is aware of the risks associated with what they agree to before it is done. Doctors must also remain communicative with patients throughout any course of treatment to make more informed decisions about what path they should take regarding their health ailments.

What Are the Elements of a Medical Malpractice Case?

When pursuing a medical malpractice case, it is crucial to understand the elements and requirements necessary to prevail in such a case. To initiate a medical malpractice claim, you must find a reputable lawyer familiar with the particular nuances of this type of case to discuss your options and build the strongest possible legal argument on your behalf.

The strongest legal arguments for medical malpractice are built upon showing that a medical professional—be it a doctor, nurse, or another healthcare provider—failed to exercise their best judgment when treating you and that as a result of such negligence resulted in some injury or illness. This negligence can be demonstrated by proving that the healthcare act was either below basic standards of care or outside the scope of what would have been considered standard practice within that specialty area. If successfully demonstrated, the evidence must further show that this negligent act resulted in an injury or worsened condition and measurable physical and economic harm suffered.

I'm Just a Regular Person; How Can I Prove a Medical Professional Didn't Do What He Was Supposed To Do?

An expert witness is essential to proving that a medical professional didn't do what he or she was supposed to do. A patient who wishes to bring a medical malpractice case against a healthcare professional should consider using an expert witness. This type of witness is typically a doctor or other healthcare professional with expertise in the subject matter relevant to the case.

The expert witness can evaluate what happened and give an opinion on whether the medical professional was negligent in the patient's care. They can also provide information about expected standards of care, diagnosis techniques, treatments, and any other technical issues that come into play in this situation. Having an independent and knowledgeable expert helping you prove your case will be invaluable in finding success in court. An expert witness can help bridge the gap between a patient's experience with a medical professional and what standards are generally accepted in the greater healthcare community.

Contact a Medical Malpractice Lawyer From Hinkle Law Today

Contact Hinkle Law today for a FREE case evaluation if you or a loved one has been harmed due to medical malpractice. Our medical malpractice lawyers are here to help.

Have you been personally injured or while receiving healthcare?

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