Fighting Back Against Medical Negligence: A Guide to Common Malpractice Claims


Medical malpractice occurs when a healthcare professional fails to provide the appropriate standard of care, harming the patient. Understanding the most common medical malpractice claims is crucial in recognising when you or a loved one has been a victim. Whether it’s a misdiagnosis, surgical error, medication mistake, birth injury, or lack of informed consent, seeking legal help from a Bal Harbour medical malpractice lawyer can be vital in receiving the compensation and justice you deserve.

But understanding when you can ask for your medical malpractice claim is necessary. Let’s discuss those below:


Misdiagnosis occurs when a healthcare professional fails to identify a patient’s medical condition accurately. This can have severe consequences, as it may result in delayed or improper treatment. Examples of misdiagnosis can include conditions such as cancer or heart attack.

Misdiagnosis can be caused by various factors, such as a lack of communication between healthcare professionals, inadequate testing, or misinterpreting test results. In some cases, misdiagnosis may also result from bias or assumptions based on a patient’s demographics, such as age or race.

To pursue a medical malpractice claim related to misdiagnosis, it’s essential to consult with a qualified legal professional.

Surgical Errors

Surgical errors can occur during any procedure, from routine to complex surgeries. A surgical error is any mistake made by a healthcare professional during surgery that deviates from the accepted standard of care, resulting in harm to the patient.

Examples of surgical errors may include wrong-site surgery, leaving instruments or sponges inside the patient’s body, or damaging adjacent organs or tissue. Causes of surgical errors can include fatigue, lack of communication between medical professionals, or inadequate training.

If you or a loved one has been the victim of a surgical error, it’s important to contact a Bal Harbour medical malpractice lawyer to understand your legal rights and options.

Medication Errors

Medication errors are a common type of medical malpractice that can occur at any stage of the medication process, from prescribing to administering medication.

Examples of medication errors can include prescribing the wrong medication or the wrong dosage or administering the medication through the wrong route. Causes of medication errors can be due to a variety of factors, such as illegible prescriptions, lack of communication between healthcare professionals, or inadequate training of medical staff.

It’s crucial to seek legal assistance from a qualified medical malpractice lawyer if you or a loved one has been a victim of a medication error.

Birth Injuries

Birth injuries refer to any harm or injury to a newborn during the labour and delivery process. Examples of birth injuries may include cerebral palsy, brachial plexus injuries, or fractures. These injuries can result in long-term health complications for the child and require extensive medical care.

Causes of birth injuries may include improper use of forceps, delayed delivery, or failure to monitor the foetal distress properly. It can be devastating for families to deal with a birth injury.


Medical malpractice can have serious and long-lasting consequences for patients and their families. Misdiagnosis, surgical errors, medication errors, and birth injuries are among the most common medical malpractice claims.

If you suspect that you or a loved one has been a victim of medical malpractice, it’s essential to seek legal assistance from qualified malpractice attorneys of Bal Harbour. They can help you understand your legal rights, navigate the legal process, and pursue compensation for the harm caused by medical negligence.


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