If you’ve suffered a medical injury, you might be asking yourself, “Does this count as malpractice?” Medical malpractice happens when a healthcare provider’s negligence causes harm. Whether it’s a mistake during treatment, a misdiagnosis, or a failure to act, recognizing what qualifies is the first step toward justice.
Understanding when medical negligence becomes a malpractice claim can feel overwhelming. Below are nine examples of medical malpractice and negligence to help you identify if what happened to you qualifies.
1. Missed or Delayed Diagnosis
Missed or delayed diagnosis is one of the most common medical malpractice examples. It happens when a doctor doesn’t identify your condition in time or fails to recognize it entirely. This delay or oversight can allow your illness to progress unchecked, leading to unnecessary complications, worsening health, or even death.
For example, a doctor might dismiss early signs of cancer as something minor, such as a muscle strain. By the time the correct diagnosis is made, the cancer may have spread, limiting your treatment options. Another example is a missed diagnosis of a stroke: a doctor might say symptoms like dizziness are caused by a less serious issue, delaying life-saving treatment.
2. Failure to Treat
Failure to treat happens when a healthcare provider identifies your condition but doesn’t take the right steps to treat it. Common medical malpractice examples in this category include not recommending proper treatments, discharging you too early, or failing to refer you to a specialist who can provide the proper care.
For instance, you might have bloodwork or imaging results that show a serious condition like an infection or a tumor. If your doctor delays reviewing these results or fails to contact you with the necessary next steps, you could have a medical malpractice claim. Another example could involve a patient with a known heart condition who doesn’t receive referrals to a cardiologist for ongoing care, putting them at risk for a heart attack.
3. Failure to Monitor
After surgery or during critical care, you need to be closely monitored so that your doctor or nurse can catch complications early and respond quickly. If they don’t, it’s known as failure to monitor. Common examples of medical malpractice here include not regularly checking your vital signs, breathing tube placement, or life support machines.
For example, after a routine surgery, you might experience a drop in blood pressure that goes unnoticed because the nursing staff failed to monitor you properly. This could lead to shock or organ failure. Similarly, in an ICU setting, if a breathing tube becomes dislodged and the medical team doesn’t catch it in time, it could cause a brain injury from lack of oxygen.
4. Surgical Errors
Surgical errors are an all-too-common medical malpractice example. These procedures are complex, and even small mistakes can have devastating consequences. Surgical errors can include operating on the wrong body part, leaving surgical tools inside your body, or causing unintended damage to nearby tissues and organs.
For instance, a surgeon might accidentally sever a nerve during a routine procedure, leaving you with permanent loss of function in the affected area. Another common example is an error in anesthesia administration, such as giving too much or too little, which could cause you to wake up during surgery or suffer long-term damage from oxygen deprivation.
5. Pharmaceutical Errors
Pharmaceutical errors occur when you receive the wrong medication, the wrong dose, or a medication that isn’t safe for you. It can also include giving unnecessary medications that cause harmful side effects. These mistakes can happen at any stage, from prescribing to administering the drug, and the results can be life-threatening.
For example, you might be prescribed a blood thinner but given a dosage that’s too high, leading to dangerous internal bleeding. Or, a pharmacist might misread a prescription and give you the wrong drug entirely, which could cause severe allergic reactions or worsen your symptoms.
6. Medical Device Mistakes
Medical devices such as implants, pacemakers, or prosthetics are designed to improve your quality of life, but errors in their use can lead to serious harm. This example of medical malpractice happens when a device is improperly implanted, incorrectly calibrated, or when you aren’t given clear instructions for its use.
For instance, if a hip replacement is inserted at the wrong angle, it can lead to pain, difficulty walking, and the need for additional surgeries. Another example is a pacemaker that isn’t correctly programmed, which could cause dangerous arrhythmias. Unlike in product liability cases, where the defect is in the product itself, these mistakes can be traced to the medical professional.
7. Birth Injuries
Birth injuries occur when a doctor or nurse makes a mistake during labor or delivery that harms the baby, the mother, or both. These medical malpractice case examples are especially traumatic because they’re often preventable and can lead to long-term health problems for the child, including developmental delays or physical disabilities.
For example, if a doctor uses too much force with forceps or a vacuum extractor, the baby could suffer nerve damage, such as brachial plexus injuries, which affect movement in the arms. Failure to perform an emergency C-section when the baby is in distress could result in oxygen deprivation. Mothers can also experience injuries from improper stitching or failure to address significant bleeding.
8. Inaccurate Recordkeeping
Accurate medical records are critical for your care. When records are incomplete, inaccurate, or not shared between providers, it can lead to dangerous errors. This example of medical malpractice often creates a ripple effect, causing mistakes in diagnosis, treatment, or follow-up care.
For example, a doctor might not note an allergy in your chart, leading another provider to prescribe a medication that triggers a severe reaction. Incomplete surgical records might cause the medical team to miss important post-operative instructions. Missing or delayed test results in your file can also delay treatment for serious conditions.
9. Institutional Malpractice
Sometimes, medical malpractice examples aren’t tied to an individual doctor but to systemic issues within a healthcare facility. Problems like understaffing, poor training, or lack of proper procedures can create dangerous environments. In these cases, you may be able to sue the hospital or facility instead of the medical provider.
For instance, a hospital might hire staff without properly checking their history—and allow a doctor with a history of complaints or errors to treat you. Or they might not hire enough staff at all, which means nurses and doctors don’t have enough time to give you the care you need. Unsanitary conditions can also result in infections, which can complicate your recovery and even be life-threatening.
Find Out If You Have a Medical Malpractice Case
If any of these examples of medical malpractice sound familiar, you should talk to an attorney who specializes in this area of law. A free consultation can help you understand if you have a medical malpractice case and what steps you should take next.
An attorney can guide you through gathering evidence, consulting with medical experts, and filing a claim to pursue compensation for your injuries. Don’t wait—contact the Oklahoma Injury Guy today for a free consultation and get the answers you need to move forward.