Medical Malpractice Examples

Posted in: Medical Malpractice | Aug 03,2021


Medical malpractice inflicts severe suffering, and non-professionals often have a difficult time identifying a case. After all, medical terminology and law are confusing enough on their own. Moreover, when suffering victims are left to be their own advocate, they often aren’t rightly compensated. Countless victims exist who aren’t aware that they have cases and aren’t able to find a new path forward. If you’re having trouble discerning whether you have a medical malpractice case, it might be helpful to look at common malpractice examples.

It is important to remember that while these are some of the more common malpractice examples, other types exist. However, it’s our hope that reading through some real-life examples, you will gain a better understanding of medical malpractice cases.


When a doctor mis-diagnoses a patient, the medical malpractice may be considered “wrongful,” “delayed” and/or “missed.” Doctors prescribe medication, order treatment or hold back on treatment based on their diagnosis. When a medical professional makes these kinds of decisions based on an erroneous diagnosis or a lack of diagnosis, they create even more serious complications for the patient. Depending on the treatment or lack thereof, the effects are life-long and debilitating. In the cases of misdiagnosis, the doctor must have been negligent, there must be a resulting injury and the doctor must have an established doctor-patient relationship with the victim. 

Real-life example: An ambulance rushes a woman to the hospital after she underwent debilitating pain in her lower back. The physician takes note of her pain and symptoms, which all point to “cauda equina syndrome,” that, if left untreated, could leave her paralyzed for life. The physician fails to make the diagnosis, and two days later the woman is unable to move. Montross Miller brings her case to court, and she receives a settlement of $3 million.

Childbirth Injury

The malpractice examples that fall under this category can take many forms. Childbirth must be handled with care, and while professionals train with this in mind, there are many opportunities for negligence. Childbirth injury, in its most basic terms, is damage to the infant before, after, or during birth resulting from negligence during birth. A doctor must inform the woman of any risks, only administer necessary and careful C-sections, and exercise caution when giving an epidural. It is important to note that infants born with a congenital disability do not fall under the category of childbirth injury. The child’s injury must result from a doctor’s negligence.

Real-life example: A woman is just over thirty-six weeks pregnant when she must go to the hospital for placental abruption. She experiences heavy contractions and bleeding, yet the doctors neglect to perform a C-section until it is too late. The baby sustains brain damage, and the mother must undergo further surgery to recover from the negligent C-section. After bringing her case to court, Montross Miller delivers her $3.7 million in compensation.

Surgical Errors

Neglect during a surgery ranges from unnecessary and damaging surgeries to a professional’s failure to communicate the risks of a procedure before performing it. There are other instances when a physician performs a procedure on the wrong person, when a professional is incompetent, or when a physician rushes through parts of the procedure to finish earlier. These errors are damaging and must be treated as such. 

Real-life example: A high school athlete injures his shoulder while wrestling. It continues to bother him for the next two days, so he goes to an orthopedic doctor. The physician requests an MRI and sees that there is “a low-grade acromioclavicular joint separation.” This requires standard treatment from home, but the physician instead performs an inappropriate surgery that does not fit the injury or the athlete’s age. This causes extensive scar tissue that will inhibit movement for the rest of his life. Montross Miller recovered $744,000 in this case.

Anesthesia Errors

Patients under anesthesia rely on anesthesiologists and doctors to care for them while they’re in a vulnerable state. While these physicians are professionals, they make mistakes that are detrimental to the patient while they are unable to advocate for themselves. Anesthesiologists may make errors such as administering the wrong kind of anesthesia or the wrong dosage. Surgeons may also block airways during the procedure, and since the patient is not conscious, the medical staff may not realize that the patient can’t breathe. This not only can lead to permanent damage to airways, but it can also be deadly. 

Real-life example: A woman undergoes an elective cervical fusion, yet when the doctor administers the anesthetic, she feels a “hard surge” run through her body before becoming paralyzed. She is still awake and struggling to breathe, which leads her to worry that she is dying. She underwent cardiac arrest, and when she was revived, she suffered from PTSD along with other severe mental illnesses that she had never before experienced. Montross Miller expertly secured her $1,169,501 to help her establish a path forward in life.

Do you believe you or a loved one has a case? Contact us for a free evaluation today.