Medical malpractice occurs when a healthcare professional or institution deviates from the accepted standard of care, resulting in harm to a patient. These cases can be complex and significantly impact the lives of those affected. Here’s a look at five common examples of medical malpractice cases. You’ll also learn about mass torts associated with medical liability and how Keller, Melchiorre & Walsh can help if you’ve suffered harm due to an error committed by a medical professional.

You can schedule a free consultation with a Keller, Melchiorre & Walsh attorney by using our online contact form or calling (561) 295-5825.


1. A Doctor Failed to Diagnose You Properly

One of the most common forms of medical malpractice is a doctor’s failure to diagnose a patient accurately. This can occur when a doctor overlooks crucial symptoms, misinterprets test results, or fails to order necessary tests. A delayed or missed diagnosis can lead to a worsened condition, additional medical expenses, and emotional distress. Patients who have suffered harm due to a misdiagnosis may be entitled to compensation for their damages.

For example, suppose a patient feels a lump on their breast and suspects they may have breast cancer. The doctor performs a mammogram, which is negative. They discount the patient feeling a lump, relying too heavily on the test results. The doctor may have also assumed there was no cancer because they believed the patient was too young to have the disease. They might have simply failed to take the patient seriously.

Whatever the reason, if that patient later develops breast cancer and that cancer advances because the doctor failed to diagnose and treat the disease, the patient could sue for malpractice.

2. Your Vitals Weren’t Monitored Closely

Proper monitoring of vital signs, such as heart rate, blood pressure, and oxygen levels, is vital in ensuring patient safety. Healthcare professionals neglecting to monitor a patient’s vitals or misinterpreting the data can lead to severe consequences. For example, failure to identify a patient’s deteriorating condition may result in a heart attack, stroke, or other life-threatening events.

Medical professionals will sometimes fail to monitor vital signs during surgery properly. They must, for instance, make sure a patient’s blood pressure is steady and their heart is beating normally. Anesthesiologists must ensure they administer the correct anesthetic dose before and, if necessary, during a procedure. Negligence in these areas could be grounds for a medical malpractice claim.

3. There Was an Error During Your Surgery

Surgical errors can have devastating effects on patients. These errors may involve mistakes during the operation, such as wrong-site surgeries, anesthesia errors, leaving surgical instruments inside the patient, or damaging vital organs. Surgical errors can result in prolonged recovery times, permanent disabilities, or even death.

How can mistakes like this happen? There are some instances where the problem is communication. The surgeon may have been tired or might not have been adequately prepared. They could have been incompetent or didn’t have enough experience.

No matter why surgical errors occur, patients may pursue legal action to seek compensation for their injuries and related losses.

4. Your Child Was Born with an Avoidable Injury

Birth injuries are among the most tragic examples of medical malpractice. They can occur due to medical negligence Examples include failure to monitor the baby’s vital signs, improper use of delivery instruments, delayed emergency C-sections, or medication errors. Birth injuries can have long-term consequences for the child and the family, often requiring ongoing medical care and specialized support. Parents may file a medical malpractice lawsuit to hold responsible parties accountable and obtain compensation for the child’s injuries.

Medical malpractice resulting in a birth injury can occur during prenatal care, labor, or delivery. The following are some examples of each.

During the Pregnancy

Doctors may commit malpractice by failing to spot a health problem affecting the baby or the mother. Conditions that could increase the risk of complications if not diagnosed or treated include:

During the Delivery of the Child

There are many ways medical malpractice can occur while delivery takes place, including the following:

  • Medical professionals fail to monitor the heartbeat of the baby properly.
  • They don’t spot the signs of fetal distress.
  • The doctor improperly uses vacuum delivery or forceps.
  • The doctor uses too much force when removing the baby from the birth canal.

After the Child’s Birth

Once the baby is born, the risks of medical malpractice still exist. Medical personnel may, for instance, fail to treat any tears or ruptures in the mother’s uterus. They may not spot the signs of jaundice in the newborn or fail to check the baby’s vital signs.

5. A Medical Device or Drug You Use Caused Dangerous Side Effects

Medical devices and drugs are meant to improve health outcomes. But individuals may have grounds for a medical malpractice claim when they suffer harm due to defects, inadequate testing, or insufficient warnings. Examples include defective implants, contaminated medications, or drugs with undisclosed side effects. Victims of dangerous medical devices or drugs may seek legal recourse to recover damages for medical expenses, lost wages, pain, and suffering.

Medical device and defective drug lawsuits typically fall under the category of mass torts. These involve multiple plaintiffs who have suffered harm from a common source, such as a defective medical device or drug.

Mass torts often involve complex litigation against manufacturers, pharmaceutical companies, or healthcare providers. They allow individuals to collectively join forces and pursue justice, sharing resources and legal expertise. Keller, Melchiorre & Walsh is a law firm experienced in handling mass tort cases related to medical liability, representing the rights of those injured by defective medical products or pharmaceutical negligence.

How Can Keller, Melchiorre & Walsh Help You?

Keller, Melchiorre & Walsh has a team of attorneys who are experts in medical malpractice cases. We’ll provide the legal guidance and representation you need to help you obtain maximum compensation for the harm you’ve suffered.

Our firm will thoroughly investigate your case, reviewing medical records, consulting with medical experts, and gathering evidence to establish negligence and liability. We’ll leave no stone unturned in uncovering the truth and building a solid foundation for your claim.

Please schedule a free consultation as soon as possible by calling (561) 295-5825 or contacting us online.