Top 20 mistakes doctors make that result in medical malpractice claims

1. Misdiagnosis

If your doctor misdiagnoses you, it can lead to inappropriate or delayed treatment, putting your health at risk. Misdiagnosis happens when a healthcare professional incorrectly identifies your condition, which can result in significant harm. According to the National Academies of Sciences, Engineering, and Medicine, diagnostic errors affect about 5% of U.S. adults seeking outpatient care each year, and nearly half of these errors can cause harm. BMJ Open

For example, if you show symptoms of a heart attack but are misdiagnosed with indigestion, you may not receive the critical treatment you need in time, increasing the likelihood of severe complications or even death.

2. Delayed Diagnosis

If your doctor delays your diagnosis, it can seriously impact your health and reduce the chances of successful treatment. A delayed diagnosis occurs when there is a significant lapse of time before the correct diagnosis is made, which can worsen your condition. Research published in BMJ Open shows that diagnostic delays are often linked to poorer outcomes, especially in conditions like cancer. BMC CommunityForum

For example, if you exhibit early signs of cancer but are not diagnosed promptly, the disease may progress, making treatment less effective and decreasing your chances of recovery.

3. Surgical Errors
If your surgeon makes a surgical error, it can lead to serious complications and even harm that could have been avoided. Surgical errors include mistakes like operating on the wrong site, leaving instruments inside your body, or other preventable mistakes. Research has shown that using surgical safety checklists can significantly reduce the likelihood of such errors. Europe PMC

For example, if a surgeon performs a procedure on the wrong limb, you may require additional surgery and face unnecessary pain and recovery time, leading to a preventable harm.

4. Medication Errors
If your doctor or nurse makes a medication error, it can put your health at serious risk. Medication errors include administering the wrong drug, giving an incorrect dosage, or failing to account for dangerous drug interactions. The Institute for Safe Medication Practices (ISMP) offers resources to help prevent these kinds of errors in healthcare. BMJ Open Quality

For example, if you're given a medication you're allergic to, it could trigger a severe allergic reaction that could have been avoided with proper medication reconciliation and careful review of your medical history.

5. Failure to Obtain Informed Consent
If your doctor fails to obtain informed consent, it can lead to serious issues with your treatment. Informed consent is the process of ensuring you're fully educated about the risks, benefits, and alternatives of a proposed treatment or procedure. The American Medical Association stresses that obtaining informed consent is both an ethical and legal requirement to respect your autonomy as a patient. BMJ Open Quality

For example, if you undergo a surgical procedure without being properly informed of the potential risks, you could face unexpected complications, which may lead to a malpractice claim.

6. Improper Treatment

If your doctor provides improper treatment, it can lead to unnecessary complications and even harm. Improper treatment happens when medical care falls short of accepted standards, putting you at risk. Following evidence-based guidelines is essential to ensure you receive appropriate and effective care. BMJ Open

For example, if you’re prescribed antibiotics for a viral infection, not only will it be ineffective, but it can also contribute to antibiotic resistance, creating a public health risk that affects many others as well.

7. Failure to Diagnose a Condition
If your doctor fails to diagnose a serious condition, it can lead to irreversible harm or even be life-threatening. Missing a diagnosis, especially for critical illnesses like cancer or autoimmune diseases, can delay the treatment you need. Research from BMJ Quality & Safety shows that diagnostic failures contribute to around 10% of patient deaths and 6-17% of hospital-related adverse events. BMC Community Forum

For example, if signs of a stroke are overlooked, you could face long-term neurological damage that might have been prevented with timely care.

8. Premature Discharge
If you’re discharged from the hospital before you’re ready, it can put your health at serious risk. Premature discharge happens when patients are released before it’s medically safe, which can lead to complications or the need for readmission. Studies show that early discharge not only increases the likelihood of return visits to the hospital but also raises healthcare costs. BMC Community Forum

For example, if you're sent home too soon after surgery, you might develop an infection that requires you to go back for more treatment—something that could have been prevented with a longer initial stay.

9. Inadequate Follow-Up Care
If your healthcare provider doesn’t arrange proper follow-up care after treatment, it can leave potential complications or recurrences unchecked. Inadequate follow-up happens when there isn’t enough monitoring of your progress, which can impact your recovery and health outcomes. Effective follow-up is essential to ensure your treatment is working as intended and to make any necessary adjustments. Frontiers

For example, if you're treated for hypertension but don’t receive follow-up appointments, your blood pressure might remain uncontrolled, increasing your risk of serious complications like stroke.

10. Anesthesia Errors
If your anesthesiologist makes an error, such as administering the wrong dosage, not monitoring you closely enough, or using faulty equipment, it can lead to severe complications or even life-threatening issues. Anesthesia errors are critical because they directly impact your body’s essential functions, like breathing and heart rate, while you're under sedation. The Anesthesia Patient Safety Foundation has established guidelines to help prevent these kinds of incidents and enhance patient safety. BMJ Open Quality

For instance, if you’re given an excessive dose of anesthesia, it could cause prolonged unconsciousness or serious respiratory problems, leading to a longer recovery and increased health risks.