Examples of Situations that Constitute as Medical Malpractice

Medical Malpractice Lawyer

Despite relying on medical professionals to take care of us when we are sick or injured, there are instances in which we can get harmed further because of a mistake. Medical professionals are people too, and as humans we are prone to errors. However, there is an expectation within the medical community to offer a certain standard of care in regards to patient health.

Receiving bad news does not automatically mean that medical malpractice was a factor. But, if your doctor or another medical professional had overlooked a detail or committed a mistake which led to your harm, then it is important to know that your situation may be grounds for a medical malpractice lawsuit. 

Failure To Diagnose The Correct Illness

A large number of medical malpractice claims are related to misdiagnosis, or failing to diagnose a serious condition. The doctor may have concluded the patient has no illness, when in reality they underestimated or overlooked symptoms that mean otherwise. Or, a doctor may have diagnosed the patient with an illness that they do not actually have. In both circumstances, the patient can be seriously harmed by not getting the appropriate treatment they need. 


Misdiagnosis constitutes as medical malpractice due to the patient not being able to get necessary care. For healthy patients who were wrongly diagnosed, they may go through treatment they don’t need. A patient that received a delayed diagnosis may have had their health get vastly worse because medical intervention was not performed. In each situation, the patient’s health can be devastatingly affected, to where their health problems exacerbate or they pass away. 

Mistake Made During a Surgery or Procedure

Examples of surgical mistakes that may warrant a medical malpractice lawsuit include: 

  • Performing a surgery that was not necessary
  • Performing an incorrect procedure
  • Adminstering too much or too little anesthesia to the patient
  • Using surgical instruments that were not property sterilized
  • Leaving medical tools inside the patient
  • Damaging nerves, organs, or tissues during the surgery
  • Providing improper surgery after-care 

These are just two of the most common ways that medical malpractice happens. Other situations that may be grounds for a lawsuit include birth injury, prescription medication errors, medical product defect, and more. If you are concerned that medical malpractice may have happened to you or a loved one, it may be a good idea to reach out to a legal professional, such as an IN medical malpractice lawyer from Indianapolis at Ward & Ward Law Firm