What is misdiagnosis in medical malpractice?

Misdiagnosis happens when a medical provider fails to correctly diagnose a condition, or delays diagnosis, resulting in harm to the patient.

What surgical complications can be considered medical malpractice?

Examples include performing unnecessary surgery, operating on the wrong site, injuring adjacent organs, and failing to remove instruments used during a procedure.

What are IV and catheter complications in medical malpractice?

IV and catheter complications may occur when they are improperly placed or monitored, leading to injuries like fluid leakage into tissues or internal structure damage.

What kinds of medication errors may be medical malpractice?

Medication errors include prescribing drugs to which the patient has a known allergy, prescribing inappropriate doses, or giving the wrong medication.

Can childbirth and pregnancy care be medical malpractice?

Yes. Injuries sustained by a baby or mother due to substandard care during pregnancy or delivery can be grounds for a medical malpractice claim.

What role do anesthesia and positioning errors play in malpractice?

Errors in administering anesthesia or improper patient positioning during procedures can cause nerve injuries and other serious complications, and may be considered malpractice.

Can poor follow‑up or aftercare be medical malpractice?

Yes. Failing to properly monitor a patient after surgery or treatment can lead to complications that may qualify as medical malpractice.

Are patient falls in healthcare settings considered medical malpractice?

Falls that occur due to a failure to assess and mitigate risk, especially in hospitals or nursing homes, can be considered medical malpractice when they result from inadequate care.

Examples of Medical Malpractice

Jan 20, 2025 | By Dempsey Kingsland Osteen | Read Time: 4 minutes | Medical Malpractice

Many clients call us because they wonder whether the care they or a loved one received met acceptable standards. Our team can answer these questions thanks to our extensive experience evaluating and litigating medical malpractice cases.

Medical malpractice cases demand specialized knowledge and thorough preparation. Few attorneys focus their practice in this area. Health care professionals rarely admit errors, and these cases are often aggressively contested. At Dempsey Kingsland Osteen, we combine deep medical insight with strong legal expertise to achieve successful outcomes for our clients.

Confused and worried because your medical care felt wrong and hurt you or a loved one? DKO Law can evaluate your situation, explain your legal options, and help pursue the justice you deserve. Contact Us

💡 Key Takeaways

Medical malpractice occurs when healthcare providers fail to meet the accepted standard of care – This can include misdiagnosis, delayed treatment, medication errors, surgical mistakes, or birth injuries.
Consequences of malpractice can be severe – Victims may suffer from worsened health, additional medical procedures, emotional distress, lost wages, and long-term care needs.
Documentation is key – Medical records, lab results, operative reports, and discharge papers are crucial for proving negligence and damages.
Prompt legal action is critical – Statutes of limitations vary by state, so consulting a medical malpractice attorney quickly can protect your right to compensation.

What is Medical Malpractice?

Medical malpractice, also called medical negligence, occurs when care falls below the standard expected from a careful health care provider in similar circumstances. Anyone in the health care field—physicians, nurses, EMTs, physical therapists, and others—can commit malpractice. Hospitals, clinics, and other medical facilities may also be liable when their employees fail to deliver proper care.

Key Legal Requirements

To succeed in a medical malpractice case, two elements must be proven:

Failure to provide ordinary and reasonable care
Direct causation of a specific injury

Because these cases are often time-consuming and expensive, we typically accept only those involving substantial or permanent injury.

Examples of Medical Malpractice

Misdiagnosis

If a doctor fails to diagnose a condition that causes harm, a malpractice claim may arise. Even delays in diagnosis that result in injury can form the basis of a claim.

Surgical Complications

Claims may arise from unnecessary surgery, operations at the wrong site, injury to nearby organs, or retained surgical instruments.

IV and Catheter Injuries

Improper placement or monitoring of IVs and catheters can cause serious harm. Fluid extravasation—leakage into surrounding tissue—can occur. Improper catheter placement, such as with a Foley catheter, may injure the urethra, leading to infection or permanent damage.

Medication Errors

These include prescribing medications a patient is allergic to, giving incorrect doses, or administering the wrong medication.

Childbirth and Pregnancy Injuries

Substandard care during delivery or prenatal care can result in injuries to the baby, including brain or organ damage.

Anesthesia and Positioning Errors

Patients must be carefully monitored during anesthesia. Improper positioning or padding can lead to nerve injuries.

Poor Follow-Up Care

A surgeon’s responsibility continues after the procedure. Monitoring the patient afterward ensures proper healing and prevents complications.

Falls in Healthcare Settings

Hospitals and nursing homes must assess fall risks and take measures to protect patients. Failure to do so can result in injury and legal claims.

Take the Next Step

The examples above do not cover every type of malpractice. Your situation may differ. To find out whether a poor or unexpected outcome from medical care constitutes malpractice, contact us. Call (816) 484-3776 or complete our online contact form. We are happy to evaluate your claim.

Where to find our Kansas City, MO office

FAQ: Medical Malpractice Examples

1. What is medical malpractice?+

Medical malpractice occurs when a healthcare provider fails to follow the accepted standard of care, causing preventable harm or injury to a patient.

2. What are common examples of medical malpractice?+

Examples include surgical errors, misdiagnosis or delayed diagnosis, medication mistakes, anesthesia errors, birth injuries, and failure to obtain informed consent.

3. How can a misdiagnosis harm a patient?+

A misdiagnosis can delay necessary treatment, worsen a condition, lead to unnecessary procedures, or even cause permanent injury or death.

4. Are all medical errors considered malpractice?+

No. Only errors that breach the accepted standard of care and directly cause harm to the patient are considered malpractice.

5. What evidence is needed for a medical malpractice case?+

Medical records, test results, surgical notes, medication history, expert opinions, and documentation of the deviation from standard care are essential evidence.

6. What types of damages can patients recover?+

Patients may recover medical expenses, lost income, future care costs, pain and suffering, emotional distress, and in some cases, punitive damages.

7. How long do I have to file a medical malpractice claim?+

Statutes of limitations vary by state, but typically you must file within a few years from the date of injury or from when the harm was discovered. Consulting an attorney promptly is important.

8. Can hospitals be held responsible?+

Yes. Hospitals can be liable for errors by their staff, negligent supervision, or unsafe policies that contribute to malpractice.

9. Does signing a consent form prevent me from filing a claim?+

No. Consent forms do not waive your right to pursue a malpractice claim if negligence caused harm.

10. What should I do if I suspect medical malpractice?+

Keep all medical records, document your injuries, and consult a qualified medical malpractice attorney to review your case and advise on next steps.

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Dempsey Kingsland Osteen

The legal team at Dempsey Kingsland Osteen works to ensure that the injured are fully compensated for their lasting injuries from medical malpractice or other negligence. We push for comprehensive damages that anticipate the long-term needs of our clients, rather than taking a quick settlement out of convenience.

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