Medical malpractice occurs when a healthcare provider’s treatment of a patient falls below the applicable standard of care. Any medical professional can potentially commit malpractice. However, studies have found that physicians and surgeons are the most likely parties to be accused of medical malpractice. 

Here are some of the most common medical malpractice claims. 


Misdiagnosis occurs when a healthcare provider diagnoses a patient with the wrong medical condition. They may mistake one disease with similar symptoms for another. 

Misdiagnosis can pose many dangers to patients, including the following: 

  • Not receiving the necessary care
  • The condition worsens
  • Cancer progressing to a later stage that cannot be treated easily or at all
  • Being given ineffective or harmful prescriptions
  • Undergoing unnecessary and harmful medical treatment 

By listening carefully to a patient’s symptoms, ordering the right tests, and correctly interpreting test results, misdiagnoses can be avoided. 

Delayed Diagnosis

In a delayed diagnosis case, the doctor diagnoses the patient with the correct medical condition but later than they should have, compared to when another doctor with similar expertise would have diagnosed the patient under similar circumstances. 

A delayed diagnosis can be harmful because a patient will not receive the care they need immediately, leading to unnecessary suffering. Depending on how long it takes the doctor to properly diagnose the patient, the results could be fatal. Even if not fatal, the patient’s condition can worsen because of a delayed diagnosis. 

Birth Injury

Birth injuries are one of the most common types of medical malpractice claims. Despite the advances in technology, the United States has a mother mortality rate of more than ten times that of other high-income countries. 

The mother or baby could be harmed during labor or delivery due to causes such as:

  • Failing to properly monitor the birthing process
  • Not providing proper prenatal care
  • Not recognizing signs of fetal distress
  • Prolonging labor 
  • Misusing vacuums or forceps 
  • Giving a dangerous drug to the mother during pregnancy

Even when birth injuries are not fatal, they often cause catastrophic injuries that forever alter the future of the baby or mother.

Surgical Mistakes

Some of the most common types of medical malpractice claims are against surgeons. 

Research shows that the following specialties have faced more medical malpractice claim payouts than others:

  • Neurosurgeons
  • Thoracic-cardiovascular surgeons
  • General surgeons
  • Plastic surgeons

Surgeons can commit various mistakes that injure patients, including:

While all surgeries carry a certain risk, surgical errors are avoidable and are a form of medical malpractice.

Failure To Treat

One of the most egregious types of medical malpractice is failure to treat. This type of malpractice occurs when a healthcare provider fails to provide the treatment the patient needs in violation of the standard of care the provider assumes when accepting a patient. 

Some examples of failure to treat include:

  • Discharging a patient too soon
  • Failing to provide appropriate follow-up care
  • Failing to order appropriate medical tests
  • Failing to properly review a patient’s medical history 

This type of medical malpractice can occur when a doctor’s office or hospital takes on too many patients or is understaffed. 

Medication Errors

Medication errors can take many forms, including:

  • Prescribing the wrong type of medication
  • Prescribing the wrong dosage of medication
  • Failing to check for adverse interactions with other prescribed medications
  • Prescribing the wrong administration of medication

These mistakes can occur because of legibility issues, typos, or failure to communicate. 

Anesthesia Errors

Anesthesia errors are one of the most common malpractice claims. When anesthesia is not properly provided, a patient can wake up during surgery or experience pain during a medical procedure. 

Failure To Prevent Infections

Hospitals are sometimes a breeding ground for bacteria. If proper safety protocols are not put in place or followed, patients can develop infections that compromise their health. 

Contact Our Medical Malpractice Law Firm For Help Today

If you or a close one have suffered from medical malpractice in Atlanta, GA, please call Malone Law at (770) 390-7550 or contact us online to schedule a free case evaluation today.

Malone Law

2 Ravinia Dr NE
Suite 300
Atlanta, GA 30346