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What Are the Most Common Medical Malpractice Claims?

Published: Sep 4, 2025 in Medical Malpractice
Swansea Medical Malpractice Lawyers at The Cates Law

When healthcare professionals make mistakes—often called “medical malpractice” errors—the physical, emotional, and financial toll can feel overwhelming. Let us walk you through the most common types of medical malpractice claims and help you understand when it is time to seek legal help.

What Kinds of Errors Lead to Diagnostic Malpractice?

“Diagnostic” errors top the list of malpractice claims. These errors occur when a provider either misidentifies a condition or delays its diagnosis, often due to overlooked clinical signs or misinterpreted test results. When a diagnosis goes wrong, the appropriate treatment may start too late or be completely inappropriate, which can lead to serious harm. Especially in cases of cancer misdiagnosis, early detection is often critical for successful treatment.

How Do Surgical Mistakes Occur in the Operating Room?

Surgery involves countless moving parts: Two of the most serious “surgical” errors involve wrong-site surgery and retained surgical instruments. Either mistake can result in infection, nerve damage, additional operations, or long-term impairment. Operating room communication breakdowns often contribute to these preventable errors.

What Medication Mistakes Drive Malpractice Lawsuits?

“Medication” errors arise when a healthcare professional gives the wrong drug or dosage to their patient, or when providers fail to account for patient allergies or interactions. These mistakes can lead to severe reactions, organ damage, or life-threatening complications when communication among doctors, nurses, and pharmacists breaks down.

Why Are Birth Injuries a Frequent Source of Claims?

“Birth injuries” often stem from failures in monitoring or decision-making during labor and delivery. Two common issues are unrecognized fetal distress and delayed emergency C-sections. Both can cause permanent disabilities for newborns and profound emotional trauma for families. Improper use of delivery instruments like forceps or vacuum extractors can also result in serious injuries that affect children throughout their lives.

What Makes Anesthesia Errors So Dangerous?

“Anesthesia” errors can damage the brain or other organs in minutes, with two of the leading causes being incorrect dosage calculations and inadequate intraoperative monitoring. Either lapse can trigger respiratory collapse, cardiac arrest, or awareness under anesthesia. Patients with underlying health conditions face heightened risks when anesthesiologists fail to properly assess pre-operative factors.

How Do Emergency Room Errors Contribute to Malpractice Claims?

Emergency departments face unique challenges with high patient volumes and time pressure. Common “ER” errors include failure to recognize heart attacks or strokes, inadequate triage decisions that delay critical care, and premature discharge of patients with serious conditions. These mistakes can have life-threatening consequences when patients do not receive the urgent treatment they need.

What Role Do Communication Failures Play in Medical Errors?

Poor “communication” between healthcare providers often underlies many types of malpractice. When important patient information is not properly shared during shift changes or between departments, the medical facility can lose critical details. Inadequate informed consent discussions also lead to claims when patients are not fully aware of treatment risks and alternatives.

Your Next Step: Call the Swansea Medical Malpractice Lawyers at The Cates Law Firm for Help Filing a Medical Malpractice Claim

If you have been harmed by medical negligence, the Swansea medical malpractice lawyers at The Cates Law Firm stand ready to help. We have achieved significant victories for injured clients, including a $1.1 million verdict in a medical malpractice case and a $3.5 million record-setting birth injury verdict. For a free consultation, call today at 618-277-3644 or contact us online. Our Swansea, Illinois office proudly serves clients in St. Louis, Belleville, East St. Louis, Edwardsville, Granite City, Waterloo, Chester, Carbondale, St. Clair County, Madison County, Monroe County, Randolph County, and other regions throughout Southern Illinois.