5 signs a patient may have a strong medical malpractice claim

On Behalf of | Jun 23, 2025 | Medical Malpractice

Doctors make decisions that can result in lifelong consequences for their patients. Most people trust their doctors to do the right thing. Unfortunately, not every medical professional offers the same caliber of care.

Medical malpractice occurs when a healthcare professional engages in behaviors that do not conform to current professional standards. Malpractice comes in many different forms, which can make it difficult for patients to know when a doctor’s mistake is a minor concern and when it might be grounds for a malpractice lawsuit.

People who notice one of the five warning signs briefly explained below may want to speak with a legal professional to see if they have actually experienced medical malpractice.

Issues with the diagnostic process

One of the first services a physician provides when meeting a patient is diagnosis. They evaluate a patient’s symptoms to determine what causes them. Sometimes doctors fail to diagnose their patients. Other times, they reach the wrong diagnostic conclusion. If another doctor may have been able to diagnose the patient properly, the situation might constitute malpractice.

Overlooked medication concerns

Many treatment plans prioritize prescription medications. Doctors need to ensure that the drugs they recommend are appropriate. Typically, they need to review the patient’s history for any contraindications. They also need to explore the other medications that they take to determine if they could be at risk of a drug interaction. Failing to identify concerns related to medications can constitute malpractice.

Major mistakes during surgery

Some of the most egregious medical malpractice cases involve surgical errors. Doctors perform the wrong procedure, operate on the wrong body part or leave items behind inside a patient’s body. Major surgical errors are frequently preventable and may constitute malpractice.

Improper support during labor and delivery

Sometimes, doctors overseeing labor recommend unnecessary interventions. Other times, they perform interventions too late or inappropriately, causing harm to the mother or child. Many situations that result in birth injuries involve malpractice.

Failure to educate a patient

People generally need to provide informed consent before they start invasive, experimental or risky treatments. Informed consent requires an understanding of side effects, alternative options and success rates. Doctors who rush their patients into approving a treatment plan may do them a disservice by denying them an option to choose an alternative treatment.

Provided that other doctors may have made different decisions and that there are verifiable negative consequences to the patient, they may have grounds for a medical malpractice lawsuit. Reviewing a recent medical incident with a skilled legal team could help patients demand accountability from physicians and their employers.

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