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What Are the Most Common Medical Malpractice Claims?

Medical malpractice occurs when a healthcare professional does not provide appropriate care for a patient. All healthcare workers are expected to follow generally accepted medical practices when treating patients for illnesses or injuries. Failure to perform their duties properly could result in serious injuries and a medical malpractice claim.

The most common medical malpractice claims include misdiagnosis, childbirth injuries, medication errors, and surgical errors. However, any situation where a medical professional’s negligence injures a patient could warrant a medical malpractice claim.


Misdiagnosis is the basis for a large number of medical malpractice claims. Doctors can misdiagnose a condition if they confuse it for a different illness. Misdiagnosis by healthcare professionals could result in:

  • Delays in starting appropriate medical treatment and the worsening of a medical condition during that period of wrongful delay
  • Unnecessary and expensive treatments that do not help

In some cases, doctors fail to diagnose a medical condition altogether. They could tell a patient that they are healthy, when in fact they are facing a serious medical condition. As stated above, this allows a medical condition to worsen in many cases.

Injuries in Childbirth

Childbirth is often a difficult process, even if everything goes correctly. Both the mother and child could be placed at high levels of risk if doctors engage in negligent behavior. Sometimes, medical malpractice occurs if:

  • Doctors fail to monitor the vital signs of the mother
  • Doctors fail to monitor the vital signs of the infant
  • Doctors do not order a C-section when necessary
  • Doctors improperly handle forceps or the vacuum

In some situations, doctors do not appropriately diagnose a medical condition experienced by the mother or child, resulting in injuries during childbirth. Some of the most common birth injuries caused by medical malpractice include:

  • Shoulder dystocia
  • Brain damage
  • Cerebral palsy
  • Erb’s palsy
  • Bell’s palsy
  • Spinal cord injuries
  • Hypoxia
  • Death

Medication Errors

Many people require medications to help them recover from an illness or injury. Doctors issue prescriptions regularly for antibiotics, painkillers, steroids, and more. However, these prescriptions must be filled correctly in order to prevent a medication error.

We see medical malpractice claims when pharmacists provide patients with:

  • The wrong medication
  • The right medication in the wrong strength
  • A medication the patient is allergic to
  • A medication that interacts poorly with other medications the patient takes

Taking the wrong medication often causes serious health effects. In some cases, it can be fatal. It is important that you get medical treatment right away if you took the wrong medication in New York.

Surgical Errors

Going under the knife for a surgical procedure is a source of concern for many patients around New York. In some cases, this concern exists for a good reason. There are many medical malpractice claims filed due to surgical errors every year. They include negligent acts such as:

  • Making an incision or actually performing a procedure at the wrong site on the patient’s body
  • Operating on the wrong patient
  • Leaving behind a surgical instrument inside the body (generally because a proper inventory of equipment was not performed properly at the conclusion of a procedure.)
  • Failing to sterilize equipment and causing an infection in the patient

In some cases, surgical and medication errors occur at the same time. Generally, this occurs if a patient is administered an incorrect amount of anesthesia. Sedation through anesthesia is a delicate process that must be carried out correctly to protect the health of the patient.

Building a Medical Malpractice Case

If you experienced any act of medical malpractice, you could be able to file a medical malpractice claim and recover compensation for your:

  • Current and future medical expenses
  • Lost wages at work
  • Lost earning potential
  • Pain, suffering, and mental anguish

If your loved one died as a result of medical malpractice, we extend to you our heartfelt condolences. You may be able to recover different types of damages in a wrongful death lawsuit. This type of tragic accident could be more common than you think. John Hopkins Medicine has reported that medical errors are the third-highest cause of death in the U.S.

Note that, in order to successfully resolve a medical malpractice claim, you typically need to need to show that:

  • A medical professional was providing you with healthcare services
  • The medical professional did not use generally accepted medical practices
  • The healthcare worker’s actions led directly to your injuries

Friedman & Simon, L.L.P. Helps Victims of Medical Malpractice

You do not need to face a medical malpractice case claim alone. Friedman & Simon, L.L.P. represents medical malpractice victims on Long Island and throughout the greater New York City area. When we work on your case, a lawyer from our firm will:

  • Keep you updated on your case
  • Identify liable parties
  • Communicate with all parties for you
  • Gather evidence
  • Determine a value for your case

Do not be discouraged if your incident is not listed amongst the most common medical malpractice claims—there are many more ways that a medical professional could be liable for malpractice. We are dedicated to helping you. We want to answer your questions and address your concerns, with the compassion and respect you deserve.

To discuss your case and your legal options with a member of our team, call Friedman & Simon, L.L.P. for a free initial consultation on your case at (516) 932-0400. Our multilingual staff is available to assist callers in Spanish, Greek, Bengali, Tamil, and Kannada.

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