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The Most Common Types of Medical Malpractice

Posted on Dec 4, 2025 by The Advocates

When we put our health in the hands of medical professionals, we trust that they will provide safe and effective care. Unfortunately, mistakes happen, and some of them rise to the level of medical malpractice. Below are some of the most common examples:

Recently, we reviewed the difference between medical errors and malpractice. Now, let’s take a closer look at some of the most common examples of medical malpractice: situations where a provider’s actions (or inactions) can cross the line from mistake to negligence.

The Scale of the Problem

According to the National Practitioner Data Bank (NPDB), between 2009 and 2013 there were 53,000 malpractice cases in the United States that resulted in compensation to patients and families. Altogether, payouts reached an astounding $20.2 billion.

  • About 44% of claims involved negligence during inpatient stays (patients admitted to hospitals).
  • About 42% involved outpatients (patients who received treatment without hospital admission).
  • 32% of malpractice claims involved the death of a patient.
  • 11% involved cases where patients were left paralyzed or permanently disabled, requiring lifelong care.
  • Another 37% involved permanent injuries, ranging from severe to significant.
  1. Negligence During Treatment
    Doctors are expected to improve a patient’s condition, not make it worse. If treatment isn’t tailored to a person’s unique needs, it can cause unexpected harm. For instance, prescribing a therapy that worsens an existing condition instead of helping it can qualify as negligence.
  2. Failure to Monitor
    Patients often require careful observation after a surgery or procedure. When doctors or nurses don’t track vital signs such as oxygen levels or heart rate, the results can be devastating. A well-known case involved a woman who suffered brain damage and a coma after her oxygen levels weren’t checked following plastic surgery.
  3. Unnecessary Medication
    Giving drugs that aren’t truly needed can expose patients to dangerous side effects or interactions. For example, prescribing antibiotics for a viral infection not only fails to help but can also cause harmful reactions and increase antibiotic resistance.
  4. Surgical Errors
    Mistakes in the operating room can have life-changing consequences. These include leaving tools inside a patient, using unsterilized instruments, or operating on the wrong body part. Even with modern safety protocols, such errors still happen thousands of times each year in the U.S.
  5. Denial of Necessary Treatment
    Failing to provide timely and appropriate treatment can be just as harmful as making the wrong medical choice. For example, if a doctor ignores symptoms of a heart attack and sends a patient home, the delay can cost that person’s life.
  6. Specialist Mistakes
    Errors by specialists (such as cardiologists, radiologists, or obstetricians) can be devastating. A misread X-ray by a radiologist, for instance, might delay a cancer diagnosis until it’s too late for effective treatment.
  7. Anesthesia Errors
    Anesthesia must be administered and monitored carefully. Giving too much or too little can have severe results. In some cases, patients have woken up during surgery or suffered permanent damage because proper screening wasn’t done beforehand.
  8. Nursing Home Negligence
    Medical malpractice isn’t limited to hospitals. In nursing homes, common issues include:
  • Medication errors: giving the wrong drug or incorrect dosage.
  • Failure to provide daily care: neglecting residents’ hygiene or nutrition needs, leading to preventable illness.
  • Failure to prevent falls: residents may fall due to poor supervision or unsafe conditions. Unwitnessed falls, when staff fail to notice or respond to a fall promptly, are also considered medical negligence.

Where the Biggest Payouts Happen

Malpractice claims vary in severity, but the most expensive cases often involve permanent harm or death. The top three categories of payouts are:

  • Diagnostic errors: 32% of total payments
  • Surgical errors: 23%
  • Treatment-related errors: 20%

In Conclusion

Medical malpractice is a reminder that even trusted systems can fail. Behind every case is a patient and a family whose lives have been deeply affected, making it crucial to address these errors with care and accountability. Most of the time, people are unsure whether they deserve compensation or even if they are victims at all. Remember to always ask a trustworthy lawyer about these doubts.