Medical Malpractice: Types of Negligence and Legal Recourse

March 24, 2023 Insights


Medical malpractice refers to the negligence or carelessness of medical professionals, including doctors, nurses, surgeons, and other healthcare workers, that results in injury or harm to patients. It can occur in various forms, and patients who suffer from it have the right to seek legal recourse for their damages.

This article will talk about the different types of medical malpractice, the legal recourse available to patients, and how to pursue a medical malpractice claim.

Types of Medical Malpractice

1. Misdiagnosis

A misdiagnosis happens when a medical professional fails to diagnose a medical condition or disease accurately. It can result in delayed treatment, incorrect treatment, or no treatment at all, which can cause harm or death to the patient. Misdiagnosis can occur due to a lack of knowledge or experience, misinterpretation of test results, or failure to perform necessary tests.

2. Surgical Errors

Any form of surgical error may occur when a surgeon or surgical team makes a mistake during surgery, such as leaving surgical instruments inside the patient’s body, operating on the wrong body part, or damaging surrounding organs or tissues. Moreover, surgical errors may cause serious harm, infections, and even death.

3. Medication ErrorsĀ 

Medication mistakes can have dire consequences, such as severe allergic reactions, organ damage, or death. When healthcare providers give an incorrect medication or dose or fail to acknowledge a harmful drug interaction, a medication error occurs. These errors are life-threatening, so taking all necessary precautions when prescribing medication is essential.

4. Birth Injuries

Birth injuries are when medical professionals do not follow the proper procedures or make a mistake while delivering a baby. These errors can lead to serious physical, emotional, and mental damage to the infant, including brain damage, nerve damage, and sometimes death.

5. Nursing Home Neglect

Nursing home neglect happens when staff in a nursing home fail to provide the necessary care and attention to residents. This includes not giving enough food or water, not providing the right medication, not taking care to prevent bedsores, or not providing the appropriate medical care.

Legal Recourse for Medical Malpractice

Patients who suffer from medical malpractice have the right to seek legal recourse for their injuries. Legal recourse can include compensation for lost wages, medical expenses, pain and suffering, and other damages resulting from medical malpractice. To pursue a medical malpractice claim, patients should take the following steps:

1. Seek Legal Advice

To pursue a potential medical malpractice claim, one should consult an experienced lawyer. The lawyer can assess the situation, assemble any relevant evidence, and advise the injured party on legal choices, among other responsibilities.

2. File a Claim

An attorney can initiate a lawsuit on behalf of a patient who has experienced medical malpractice. The legal action will specify the losses experienced by the patient and seek financial reimbursement for those losses.

3. Negotiate a Settlement

When a patient pursues legal action, a settlement proposal may be presented as an alternative to going to court. This settlement can provide an agreed-upon amount of compensation for the damages experienced by the patient without the need to continue with a trial.

4. Go to Trial

The case may go to trial if a settlement cannot be reached. During the trial, the patient’s attorney will present evidence and arguments to prove that the medical professional or healthcare facility was negligent and caused harm to the patient.


Medical malpractice can cause serious harm, injuries, and even death to patients. Patients who suffer from medical malpractice have the right to seek legal recourse for their damages. By understanding the different types of medical malpractice and the legal options available to patients, we can ensure that medical professionals are held accountable for their negligence and that patients receive the compensation they deserve.

Circeo Law Firm provides comprehensive legal services to individuals who have suffered harm due to medical malpractice. Our medical malpractice attorneys can help you understand the legal options available to you and guide you through the process of filing a medical malpractice claim. Call 859-203-8680 for a free, confidential consultation.