No one expects to get worse after seeing a doctor, but sometimes, medical professionals make mistakes that lead to serious harm. When that happens, patients may have the right to file a medical negligence claim. These claims help people get compensation for medical bills, lost wages, and the pain and suffering caused by poor medical care.
If you’re wondering what counts as medical negligence, you’re not alone. In this blog, we’ll break down common medical negligence examples, explain how these claims work, and share what you can do if you think you’ve been affected.
What Is a Medical Negligence Claim?
A medical negligence claim is a legal action taken against a doctor, nurse, hospital, or any other healthcare provider who made a mistake that caused harm to a patient. However, it’s important to understand that not every bad medical outcome qualifies as negligence. Medicine isn’t always predictable, and sometimes, even with the best care, treatments don’t work as expected.
For a case to count as medical negligence, there must be clear proof that the healthcare provider failed to follow proper medical standards, and that failure directly led to harm. In other words, it’s not just about a mistake—it’s about whether that mistake could have been avoided if the provider had followed the right procedures.
To successfully prove a medical negligence claim, four key elements must be established:
1. Duty of Care
This is the foundation of any medical negligence case. Healthcare professionals have a legal and ethical responsibility to provide competent medical care to their patients. This means that when a patient seeks treatment, the doctor, nurse, or hospital takes on a duty of care to provide treatment that meets accepted medical standards.
For example, if you visit a doctor for a routine checkup, they are expected to evaluate your health, diagnose any issues, and provide the appropriate recommendations based on medical guidelines. If you undergo surgery, the surgical team is responsible for performing the procedure safely and carefully. This duty exists in all medical settings, from general checkups to emergency surgeries.
2. Breach of Duty
A breach of duty happens when a healthcare provider fails to meet the expected standard of care. This could mean:
- Misdiagnosing a serious illness when a competent doctor would have recognized the condition.
- Performing surgery on the wrong body part.
- Prescribing a medication that the patient is allergic to without reviewing their medical history.
- Failing to monitor a patient’s vital signs during surgery or childbirth.
The key question in proving a breach of duty is whether another trained medical professional, in the same situation, would have made the same decision. If most doctors in a similar role would have acted differently and prevented harm, then the provider in question may have been negligent.
3. Causation
Even if a doctor or hospital made a mistake, that alone isn’t enough to win a medical negligence claim. There must be proof that the mistake directly caused harm to the patient.
For example, if a patient is given the wrong medication but experiences no side effects and their condition remains stable, there may not be enough grounds for a claim. However, if the wrong medication leads to severe side effects, an allergic reaction, or worsens the patient’s condition, then causation is clear.
Sometimes, proving causation can be challenging because medical issues are complex. The defense may argue that the patient’s condition would have worsened even if the correct treatment had been given. In these cases, expert medical testimony is often needed to show how the provider’s mistake specifically led to harm.
4. Damages
The final element of a medical negligence claim is proving that the patient suffered real, measurable harm as a result of the mistake. These damages can be:
- Physical injuries – Worsened health conditions, surgical complications, disabilities.
- Medical expenses – Additional treatments, corrective surgeries, hospital stays, rehabilitation costs.
- Lost income – If the injury prevents the patient from working temporarily or permanently.
- Pain and suffering – Emotional distress, trauma, reduced quality of life.
For example, if a surgeon makes a mistake that leads to nerve damage, the patient may require ongoing physical therapy, experience chronic pain, and lose the ability to perform their job. In this case, they would have a strong claim for damages.
In contrast, if a doctor made a mistake but corrected it before any harm was done, there wouldn’t be enough damages to justify a claim.
Common Medical Negligence Examples
When you go to a doctor or hospital, you expect to get the right care. But sometimes, mistakes happen—mistakes that could have been avoided. When a healthcare provider doesn’t follow proper medical procedures and causes harm, it may be considered medical negligence.
Some medical mistakes are minor, but others can lead to serious injuries, long-term health problems, or even death. Below are some of the most common medical negligence examples that often result in legal claims.
1. Misdiagnosis or Delayed Diagnosis
Getting the right diagnosis as soon as possible is critical for effective treatment. If a doctor misdiagnoses a condition or takes too long to diagnose it, a patient might not get the care they need in time. This can allow an illness to get worse, sometimes to the point where treatment is no longer effective.
Some common issues related to misdiagnosis or delayed diagnosis include:
- Misreading test results – A doctor might overlook clear signs of disease in lab work, X-rays, or MRIs.
- Ignoring symptoms – A patient might describe symptoms that should have led to further testing, but the doctor dismisses them.
- Confusing one condition for another – Some illnesses have similar symptoms, so doctors must be thorough in their evaluation.
Example: A patient comes to the ER with chest pain, nausea, and shortness of breath. The doctor assumes it’s heartburn and sends them home with antacids. In reality, the patient was having a heart attack, and the delay in treatment led to permanent heart damage.
2. Surgical Errors
Surgery always comes with risks, but when avoidable mistakes happen, the consequences can be life-changing. Some surgical errors require additional procedures to correct, leading to more pain, longer recovery times, and extra medical costs.
Common surgical mistakes include:
- Operating on the wrong body part – This could mean removing the wrong organ or amputating the wrong limb.
- Performing surgery on the wrong patient – Due to a mix-up in medical records, a patient may undergo a procedure they don’t even need.
- Leaving surgical tools inside the body – Items like sponges or clamps can be accidentally left behind, causing infections and other complications.
- Damaging surrounding organs or nerves – A small mistake with a surgical tool can cause permanent damage.
Example: A patient undergoes surgery on their right knee. After the procedure, they realize the surgeon operated on the left knee by mistake. Now, they need a second surgery to fix the original issue.
3. Medication Mistakes
Prescription and medication errors happen more often than people think. Getting the wrong medication, the wrong dosage, or a drug that interacts badly with another medication can have dangerous consequences.
Some common medication mistakes include:
- Giving a patient the wrong drug – A pharmacist or nurse may mix up two medications with similar names.
- Incorrect dosage – A doctor might prescribe too much or too little of a drug, making it ineffective or dangerous.
- Ignoring allergies or interactions – Some medications should never be taken together, and doctors need to check for potential problems.
Example: A patient with a severe penicillin allergy is mistakenly given an antibiotic that contains penicillin. This leads to a life-threatening allergic reaction.
4. Birth Injuries
The birth of a child should be a joyous event, but medical negligence during pregnancy, labor, or delivery can lead to serious and sometimes lifelong health problems. Doctors and nurses need to be extremely careful to monitor both the baby and the mother throughout the process.
Common birth-related medical mistakes include:
- Failing to recognize signs of fetal distress – If a baby isn’t getting enough oxygen and doctors don’t act quickly, brain damage can occur.
- Misusing forceps or vacuum extractors – These tools help with delivery, but if used incorrectly, they can cause serious injuries.
- Delaying an emergency C-section – If a baby is in distress, waiting too long to perform a C-section can lead to complications.
Example: A baby shows signs of distress, and doctors delay performing a C-section. As a result, the baby experiences oxygen deprivation, leading to cerebral palsy—a condition that could have been prevented with faster medical intervention.
5. Anesthesia Errors
Anesthesia allows patients to undergo surgery without pain, but even a small mistake in dosage or monitoring can be life-threatening.
Common anesthesia errors include:
- Administering too much anesthesia – This can cause brain damage, coma, or death.
- Not giving enough anesthesia – If the dose is too low, a patient might wake up during surgery and feel pain but be unable to move or speak.
- Ignoring a patient’s medical history – Some people have conditions or allergies that make anesthesia more dangerous.
- Failing to monitor vital signs – During surgery, doctors must closely monitor heart rate, breathing, and oxygen levels.
Example: A patient is given too much anesthesia before a minor surgery. Their oxygen levels drop too low, and because the medical team fails to notice in time, they suffer permanent brain damage.
6. Infections in Hospitals
Hospitals should be safe places to receive treatment, but poor hygiene and improper procedures can lead to serious infections. Some infections can become life-threatening if they aren’t caught and treated quickly.
Common causes of hospital-acquired infections include:
- Poor hygiene practices – Doctors and nurses not washing their hands properly between patients.
- Contaminated surgical tools – If instruments aren’t sterilized, bacteria can be introduced into a patient’s body.
- Delayed treatment of infections – If a patient develops an infection after surgery and it isn’t treated quickly, it can spread.
Some of the most common infections linked to hospital negligence include:
- Sepsis – A serious infection that spreads through the bloodstream.
- Pneumonia – Can develop if hospital equipment, like ventilators, isn’t properly cleaned.
- MRSA (Methicillin-resistant Staphylococcus aureus) – A dangerous, antibiotic-resistant infection that’s common in hospitals.
Example: A patient undergoes routine surgery and is discharged. A few days later, they develop a severe infection. It turns out the hospital had failed to properly sterilize surgical equipment, leading to a preventable and dangerous infection.
What to Do If You Think You’ve Experienced Medical Negligence
If you or a loved one has suffered harm due to a medical professional’s mistake, you may be feeling overwhelmed, frustrated, or even unsure of what to do next. Medical negligence cases can be complicated, but taking the right steps early on can make a huge difference in determining whether you have a case and how strong your claim will be.
Below are the most important steps to take if you believe medical negligence has occurred. These steps can help protect your rights, gather necessary evidence, and give you a better chance of getting the justice and compensation you deserve.
1. Get a Second Opinion
One of the first and most important things you can do is seek a second opinion from another doctor. A second opinion can help confirm whether the original doctor made a mistake and whether that mistake caused harm.
Why is a second opinion important?
- Medical evidence – If another doctor agrees that your previous provider made an error, it can serve as key evidence in your case.
- Your health comes first – If you were misdiagnosed, given the wrong treatment, or experienced a surgical mistake, you need proper care as soon as possible to prevent further harm.
- It strengthens your claim – Having a qualified medical professional verify that negligence occurred can make your case much stronger.
How do you get a second opinion?
- Request a referral – You can ask your primary care physician or another trusted medical provider for a referral to a specialist.
- Find a doctor with no connection to the first provider – If possible, avoid seeing a doctor from the same hospital or medical group, as they may be biased.
- Bring your medical records – Having your past test results, diagnosis reports, and treatment plans will help the second doctor evaluate your case more effectively.
A second opinion not only gives you more clarity about what went wrong but also ensures that you receive the correct treatment moving forward.
2. Collect Your Medical Records
Your medical records are some of the most important pieces of evidence in a medical negligence case. These records provide detailed documentation of your diagnosis, treatments, medications, test results, and doctor’s notes—all of which can help prove what went wrong and how it affected your health.
What medical records should you collect?
- Doctor’s notes and visit summaries – These can show what was discussed, what symptoms you reported, and how your doctor responded.
- Test results – Lab tests, X-rays, MRIs, and other diagnostic tests may show whether a condition was missed or misinterpreted.
- Surgical reports – If a procedure led to complications, the surgical report can help determine whether a mistake was made.
- Prescription records – If you were given the wrong medication or dosage, pharmacy records will help prove it.
- Hospital discharge papers – These may contain instructions that weren’t properly followed or errors in treatment planning.
How do you get your medical records?
- Request them from your healthcare provider – Under federal law (HIPAA), you have the right to access your medical records.
- Be specific – Ask for complete records, not just a summary. Some details might be left out in a basic report.
- Keep your own copies – If you later work with a lawyer, having these records on hand can speed up the legal process.
Medical records serve as proof of what happened—or what should have happened but didn’t—so gathering them early is essential.
3. Write Down Everything
As time passes, it can be easy to forget important details about your experience. That’s why keeping a detailed written record is a crucial step if you suspect medical negligence.
What should you document?
- Your symptoms and how they progressed – Did your condition worsen after treatment? Were there warning signs your doctor ignored?
- Every medical visit – Write down the date, location, name of the doctor, and what was discussed or recommended.
- Medications and treatments received – Were they effective? Did they cause any side effects?
- Conversations with healthcare providers – If you remember something specific a doctor or nurse said, write it down. Statements like “this is normal” or “there’s nothing to worry about” may be important later.
- Your daily struggles and pain levels – If negligence caused ongoing pain, disability, or emotional distress, keeping a journal can help show how your life has been affected.
Why is documentation important?
- It creates a timeline – This helps show exactly when and where mistakes were made.
- It strengthens your case – Personal notes combined with medical records can provide a complete picture of what happened.
- It helps your lawyer – If you decide to take legal action, a detailed account of events can be extremely useful.
Even if you’re unsure about filing a claim, keeping a record costs nothing and may be valuable later.
4. Talk to a Medical Negligence Lawyer
Medical negligence cases are complex, and proving negligence is not easy. Even if a doctor made a mistake, you still have to prove that their actions directly caused harm. This is where a medical negligence lawyer can help.
Why should you contact a lawyer?
- They can assess your case – Not all medical mistakes qualify as negligence. A lawyer can help determine if you have a valid claim.
- They gather expert testimony – Medical experts are often needed to explain how a provider’s actions fell below the standard of care.
- They deal with insurance companies – Hospitals and doctors have legal teams working to defend them. Having a lawyer levels the playing field.
- They can help you seek compensation – If negligence is proven, you may be entitled to compensation for medical expenses, lost wages, pain and suffering, and more.
How do you choose the right lawyer?
- Look for experience in medical negligence cases – Medical malpractice law is complex, and not all lawyers understand it.
- Check reviews and past case results – A strong track record can give you confidence in their ability to handle your case.
- Schedule a consultation – Many medical negligence lawyers offer free consultations to discuss your case.
A skilled lawyer will guide you through the legal process, help make sure that your rights are protected, and fight to get you the justice you deserve.
Why Choose William W. Price P.A. for Your Medical Negligence Claim?
At William W. Price P.A., we know how overwhelming a medical negligence case can be. With decades of experience handling professional liability claims, our firm is committed to helping clients get justice.
We take pride in giving personal attention to every case. Unlike many firms, we make sure that clients work directly with attorneys—not paralegals—so they get the best possible guidance. Our AV-rated legal team has a proven track record of holding medical professionals accountable.
If you think you’ve been a victim of medical negligence, don’t wait. Contact us today to schedule a consultation and find out how we can help.
