The Different Types of Medical Malpractice

Thursday, November 29, 2012

The Different Types of Medical Malpractice

Written by Malman Law, reviewed by Steve J. Malman.

When a person hears “medical malpractice,” it normally means it covers a wide selection of mistakes, omissions, and errors in the industry of medical and health care. Malpractice may be charged with a myriad of actions – intentional or otherwise. In the legal industry, malpractices are generally known as torts. Unintentional torts are defined as actions by medical practitioners who did not intend to cause impairment or harm. In this article, you will learn more about medical malpractice.


Dana C. McWay wrote a book called “Legal Aspects of Health Information Management,” and according to her, negligence is one of the most frequent charges filed against medical doctors or surgeons. Negligence is frequently considered as a non-intentional result of medical errors, such as medication errors, adverse reactions to medications, and misdiagnosis.

Breach of Duty

Another common accusation that one can find in regards to malpractice suits is medical misconduct. As medical practitioners, they are obligated to offer basic standards of care for patients, and failure to do so can lead to these medical practitioners being charged with breach of duty. A few examples of this malpractice may include scenarios where the medical practitioner may have misdiagnosed or delayed the diagnosis, or the diagnosis is faulty, or a diagnosis has led to inadequate care of a particular patient.


Damages that are caused by medication errors are rather frequent among malpractice suits. When a drug is wrongly administered or a wrong dosage is given, it can result in physical damage to the patients. When it comes to drugs, medical practitioners or providers are bound to the Five Patient Rights of Effective Care – right patient, right drug, right dose, right route, and right time. If a medical practitioner or provider fails to adhere to these standards, it may cause accusations of negligence by the patients.

Direct Cause

A patient is able to win the lawsuit if he or she shows an injury that would not have been attained if the medical practitioner did not neglect his or her patient. For instance, a patient may need a surgery to repair his or her left leg, but due to negligence, the medical practitioner may have performed the surgery on the other leg. This can lead to a malpractice lawsuit, and with enough evidence, the patient may win the case.

If you are a medical practitioner, it is imperative that you carry out your duty as thoroughly as possible to avoid any lawsuits from your patients. It is highly recommended that you hire a good lawyer to represent you in court, should you have any lawsuit filed against you. On the other hand, if you are a patient or you have a loved one that was mishandled in the hospital, it is best that you consult a reputable attorney to help you file a lawsuit. Whether you are the patient or the medical doctor, it is advisable that you conduct as much research as you can in regards to malpractices and lawyers who are able to help you.
DISCLAIMER: All information on this website is provided for informational purposes only and is not intended to be construed as legal advice. The Law Offices of Malman Law shall not be liable for any errors or inaccuracies contained herein, or any actions taken in reliance thereon. For more information read our full disclaimer.

Steve Malman

Malman Law’s founder Attorney Steven Malman has over 30 years of experience handling personal injury, nursing home, medical malpractice, truck accidents, car accidents, premises liability, construction, and workers’ compensation cases in Chicago, IL.

Years of experience: +30 years
Illinois Registration Status: Active and authorized to practice law—Last Registered Year: 2023

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