Personal InjuryThe Most Common Types of Medical Malpractice Cases

PORCARO LAW: The Most Common Types of Medical Malpractice Cases

The moment you step foot into a hospital, treatment center or doctor’s office, you should feel a sense of relief. As a patient, you put your trust in doctors to perform safe and ethical medical treatments. From the initial consultation to the actual procedure, patients rely on the expertise and altruistism of doctors to keep them safe and protected. With that said, your sense of safety can easily be jeopardized through negligence and medical malpractice.

For victims of medical malpractice, Porcaro Law Group is committed to securing the compensation you deserve. No patient should experience the blatant mistreatment of medical professionals and the institutions designed to ensure your safety. With thorough investigations and compelling negotiations, our medical malpractice attorneys make sure you’re taken care of. Before pursuing a personal injury lawsuit, acquaint yourself with common medical malpractice cases that justify litigation.

Below are the most common types of medical malpractice cases – with further insight on what to expect in a personal injury lawsuit.


A misdiagnosis occurs when a physician improperly diagnoses a patient, usually from inadequate care or recklessness. Such mishaps can result in longer treatment, pain and discomfort, and emotional turmoil for the patient. If a patient has a serious illness, such as cancer, a misdiagnosis could pose consequential harm to his/her recovery. A misdiagnosis can even lead to death, further inflicting pain and grievance on the patient and his/her family.

In this case, the plaintiff would need to show how a delayed cancer diagnosis resulted in a wrongful death claim. Since a cancer diagnosis is time-sensitive, a lack in judgement can gravely affect the patient’s well-being throughout the course of treatment. Due to the negligence of certain medical professionals, a patient’s trust in the healthcare system may start to falter. To avoid the prospect of a personal injury lawsuit, all patients should consult with multiple doctors before seeking treatment.

With any case concerning misdiagnosis, it is important to know when and how to file a personal injury claim. The plaintiff would need to introduce expert testimony, likely a physician, who can confirm a level of ineptitude took place. The expert would need to demonstrate how a competent doctor would have properly diagnosed a similar patient, while explaining how a misdiagnosis hindered the health and safety of the actual patient.

Pharmaceutical Errors

All medical professionals can be held liable for pharmaceutical errors – making this type of medical malpractice extremely delicate. Pharmaceutical errors can happen at any stage of the drug administration process, from prescription to dispensation. Most often, this type of error occurs among doctors and nurses who administer an improper dose to a patient. For example, a nurse may dispense too strong of a dose or distribute the wrong medication to a patient.

Improper dosage can result in an allergic reaction, injury, or fatality in extreme cases. A patient can sue for medical malpractice if the pharmaceutical error has caused injury or harm to his/her well-being. Since all medical professionals can be held liable, a medical malpractice suit can affect multiple individuals in the workplace. A physician could be held accountable for prescribing, whereas the nurse and hospital could be held responsible for administering the drug.

Pharmaceutical errors can even be linked back to misdiagnosis. If a doctor fails to properly diagnose a patient, it could lead to him/her prescribing the wrong medication. With that in mind, all medical professionals must uphold strong judgement while treating each patient individually. Regardless of who is held responsible, patients should connect with experienced personal injury attorneys when seeking legal advice for pharmaceutical errors.

Surgical Errors

When a patient prepares for surgery, he/she signs a consent form prior to the operation – thereby acknowledging the level of risk involved. Still, a patient does not consent to surgical errors that constitute medical malpractice. When these types of errors occur, the surgeon can be held liable for the damages caused. If the surgeon is unable to fix the error before the procedure concludes, a medical malpractice lawsuit will likely arise.

Surgical errors include removing the wrong organ, cutting a nerve, or operating on the wrong patient. Another common error involves leaving a medical instrument inside a patient’s body, such as a sponge or scalpel. Anesthesia errors can also lead to medical malpractice. If a patient is dispensed an inadequate dose of anesthesia, he/she could feel the heavy effects of this mistake – similar to the case of Sherman Sizemore.

There are known prerequisites for filing a medical malpractice lawsuit. In some cases, a patient may opt out of expert testimony when the dereliction of duty is obvious. In some states, the plaintiff must obtain an affidavit to establish clear negligence. The affidavit will need to show a direct correlation between the surgeon’s breach of duty and the resulting injury or harm to the patient.

Birth Injuries

When an expectant mother prepares for childbirth, she is putting her utmost trust in the medical professionals that specialize in the process. This group includes gynecologists, obstetricians, and nurses who are well-educated on pregnancy and childbirth. Every mother strives for a safe birthing experience, but birth injuries or birth defects can occur. Therefore, it is the responsibility of medical professionals to respond promptly and proficiently to any complications or distress that may arise throughout a pregnancy.

Sometimes errors can result from a lack of treatment or improper prenatal care prior to the birth. Statistics show that nearly 50% of all birth injuries are avoidable through early detection and risk awareness. This means, a doctor’s failure to recognize a birth defect during the pregnancy could result in an injury or death. Oftentimes, birth injuries occur during the delivery process. If a doctor neglects to use proper equipment or orders a cesarean section when needed, this can seriously endanger the baby and mother.

Mothers, like Kaley Cocoran, who have experienced the painful loss of a child due to negligence should seek litigation immediately. If a plaintiff decides to take legal action following a birth injury, that person will need to prove actual and proximate cause. The plaintiff will need to call on an expert witness to review the case and determine what actions should have been taken to avoid any harm or impairment. In most cases, the expert witness would present educated opinions about the pregnancy and delivery – including what went wrong throughout the process.

Take Action

Each of these grievous cases warrant a personal injury lawsuit. Any lack of precaution by medical professionals will heighten the likeability of misdiagnosis, pharmaceutical errors, surgical errors, or birth injuries occurring. Establishing a successful personal injury claim comes down to finding the right medical malpractice attorney. If you are experiencing financial heartache or mental or physical pain due to medical malpractice, do not hesitate to contact us. Porcaro Law will lead you through every step of the process and ensure you get the best settlement for the damages caused.

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