4 Most Common Types of Medical Negligence Claims


Medical negligence occurs when a medical professional, such as a surgeon, breaches their legal duty of care, exposing patients to preventable harm. If you suspect the injuries or infections you suffered in the hospital are due to professional negligence, seeking legal redress is important.
 
In the 2022/23 financial year, about 1,400 medical claims were filed to the NHS in England in the obstetrics alone. While this number may seem insignificant, the pain and financial losses families suffer after negligence can be unbearable. That’s why it’s important to know the types of medical negligence claims so you can seek compensation for losses. Here are four major ones you must know about.

Claims on Birth-Related Injuries

Birth-related injuries are those sustained by the newborn or mother before, during, or after birth. Medical negligence at any of these stages of a child or mother’s life can have a life-long impact on them. Some common causes of birth-related injuries include:
- Failure to begin a C-Section procedure on time
- Depriving the baby of oxygen
- Not using or improperly using delivery assistance tools like vacuums or forceps
- Surgical errors during C-section
- Inadequate care of infants immediately after birth
- Lack of necessary after-delivery care to the mother, leading to internal bleeding and infections

Patients can suffer several complications due to these types of medical negligence, including Cerebral, Erb’s, and Klumpke’s palsy. It’s important to seek immediate legal help, such as Erb’s palsy lawsuit, to start the journey of rightful compensation early.

Claims on Misdiagnosis or Failure to Diagnose

Misdiagnosis occurs when a doctor diagnoses a patient with a different condition from what the patient is actually suffering from. This can happen due to several factors, such as the symptoms of two conditions overlapping or if the doctor is tired or stressed. Regardless of the cause of the misdiagnosis, the doctor is liable for each action they take.

If a doctor realizes they cannot properly diagnose a condition, they should refer patients to a specialist for a second opinion. Misdiagnosis or failure to diagnose may lead to the patient receiving the wrong treatment or not receiving any treatment at all, putting them in more danger. Patients can lay misdiagnosis claims, and settlements can rise to millions of dollars depending on the magnitude of harm sustained.

Claims on Surgical Errors

Surgical errors can occur in several different circumstances. The most common ones are:
- Doctors performing the wrong procedure
- Tissue, nerves, or organ damage while performing surgery.
- Forgetting surgical instruments inside patients.
- Operating the wrong patient or body part.
- Inadequate aftercare

Most surgical errors end up causing serious consequences for patients. Raising claims can help acquire funds for treatment and financial losses incurred.

Claims on Hospital Infections

All ill and injured patients come into hospitals with bacterial, fungal, and viral infections that can easily spread to other patients. Hospitals must always be impeccably clean to prevent any hospital infection from spreading between patients. Negligence in this area can lead to several infections, including pneumonia, urinary tract infections (UTI), and infections of the cardiovascular system.

Patients risk suffering severe consequences from hospital infections because their immunity is likely already low, posing additional challenges to their current treatment. Getting the right lawyer to help you raise a claim can get you the rightful compensation on time.

If you or your loved one has experienced any medical negligence, it’s important to seek medical and legal help immediately. Raising a claim early enough helps you get compensated sooner to avoid handling expensive corrective treatments alone.

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Posted - 02/11/2025