Open Accessibility Menu

What Are the Most Common Medical Malpractice Lawsuits?

Mistakes in the Emergency Room

Many claims are attributed to injuries suffered in an ER, where the environment can be chaotic.

Examples include:

  • failure to treat – when a patient doesn’t receive adequate treatment, he or she can suffer further injuries;
  • delayed treatment – a delay in treatment can exacerbate a condition. For example, if a stroke isn’t treated within a certain time frame, the patient can develop serious complications, including death; and
  • failure to diagnose – this can lead to serious complications. If a patient is having a heart attack but is told that he or she has a chest strain or acid reflux, the result could be fatal.

Other Common Claims

In a study of more than 7,000 journal papers on medical malpractice claims, Irish researchers found determined that the highest number was attributed to missed diagnoses (particularly cancer and heart attacks in adults and meningitis and cancer in children) and medication mistakes (including steroids, antibiotics, antipsychotics, antidepressants, and anticoagulants).

“Only one-third of U.S. claims the researchers looked at resulted in a payout,” said July 19, 2013, CBS News article about the study.

Hospitals & Health Networks published its own top 10 list of claims, including:

  • Medication mistakes in which “patients allege they were given the wrong medication, the wrong dose, in the wrong form or place, at the wrong time, or not given their medication at all”
  • Misdiagnosis or a failure to diagnose, which resulted in delayed or improper treatment
  • Negligent supervision, which could mean that a patient was left alone to fall or otherwise injure him- or that a med student made a call that should have been made by a physician
  • Delayed treatment. “Hospitals lose these cases at trial 39 percent of the time,” according to H&HN.
  • Failure to obtain informed consent
  • Lack of skill, such as a doctor performing an operation he or she does not specialize in
  • Wrongful death
  • Hospital-acquired infections or fractures from being allowed to move about without assistance (which ties in with #3 above). “Of all types of malpractice cases, patients have the highest chance–45 percent–of winning these cases at trial according to the 2002 Jury Verdict Research report,” H&HN stated.
  • Pain and suffering
  • Lack of communication among hospital/surgical staff.

If you suspect that a medical mistake caused your injury, disfigurement, or disability, attorney Chris Mellino invites you to contact our Cleveland office for a free consultation. You may also download or request Chris’ free, easy-to-read guide to filing a medical malpractice claim in Ohio.

Our Clients Love Us

  • I couldn’t be happier with my experience at the Mellino Law Firm. Everyone in the office took great care of us and went above and beyond.

    - Floyd L.

  • I truly was amazed to watch you work at trial. It was a work of art and I was thankful that you were on my side.

    - Milt M.

  • Your kindness, understanding, and immense compassion truly helped our family get through this terrible event. Your willingness to know each of us in a personal way created a warm, pleasant environment. We thank you from the bottom of our hearts.

    - The W Family

  • My family and I were very pleased to be represented by Mellino Law. They are extremely professional, experienced and conscientious. But, most of all, the entire staff is very caring & compassionate.

    - Jewell Renee S.

  • You were always available to answer any concerns that we had. During the trial, your expertise, knowledge, and professionalism made you stand out in our eyes as “the best” lawyer out there.

    - Rita and Rich R.

  • Mr. Mellino and his staff are very responsive, have a wealth of knowledge, exceptional analytical capabilities, and excellent communications skills.

    - Briggette S.

View All

Why Choose The Mellino Law Firm

  • Tens of millions of dollars recovered
  • Over 30 Years of Experience
  • Free Case Evaluations
  • Successful Results Against Many HealthCare Systems Including University Hospital & Cleveland Clinic
  • Recognized by multiple peer review organizations as one of the best law firms in the country

Contact Us Today

    • Please enter your first name.
    • Please enter your name.
    • This isn't a valid phone number.
    • This isn't a valid email address.
      Please enter your email address.
  • Please make a selection.
  • Please enter a message.
We value your privacy and will get back to you within 24 hours.