Thousands of Parkville residents will likely visit a doctor at some point. When you visit a medical professional, you expect them to use their knowledge and expertise to diagnose and treat your condition.

Unfortunately, negligent care and treatment can delay recovery, exacerbate an illness or injury, and even result in death. When a provider’s negligence or wrongdoing causes a patient harm, the patient may qualify to seek compensation through a medical malpractice lawsuit. 

Contact Baird Mandalas Brockstedt & Federico to schedule an appointment with one of our attorneys. Our medical malpractice lawyers in Parkville can determine whether you qualify to file a medical malpractice claim.

Examples of Medical Malpractice

Medical malpractice claims arise in several different scenarios. Below, our team has provided details and examples of common medical malpractice issues.

Surgical Errors

In some cases, a medical provider’s negligence can result in avoidable injuries during a surgical procedure. Surgical errors can occur before the procedure, in the middle of the operation, or during the patient’s recovery.

During surgery preparation, nurses and doctors will monitor the patient’s vital signs and administer anesthesia, if necessary, to put the patient to sleep.

Medical providers must monitor the patient to ensure no complications or issues arise from the anesthesia injection. Injecting too much anesthesia can cause confusion and long-term memory problems.

Surgical errors also arise inside the operating room. In the United States, most common surgery errors involve operating on the incorrect body part, using improper surgical methods, performing the incorrect procedure, or operating on the incorrect patient. 

One example would be a pediatric surgeon incorrectly operating on a patient’s left leg instead of their right leg, or performing ankle surgery on Patient A instead of Patient B. 

These surgical errors are called “wrong-site, wrong-procedure, wrong-patient errors” (WSPEs) and are referred to as “never events” because they should never occur in an operating room.

Research indicates that WSPEs are rare and only happen in approximately one out of every 112,000 surgical procedures performed in an operating room. WSPEs can indicate serious safety concerns within a medical facility.

If a doctor or nurse engages in these types of negligent care and causes injuries to a patient, they may be liable for medical malpractice.


To file a medical malpractice claim based on an incorrect diagnosis, the plaintiff must prove that the medical provider was negligent when they diagnosed them with the incorrect condition.

It is not enough to show that a doctor ran all the necessary tests and incorrectly diagnosed a condition after a thorough investigation.

Instead, the plaintiff must show that the medical professional’s negligent treatment caused the misdiagnosis. Actions that can demonstrate a negligent misdiagnosis include:

  • Neglecting to run CT scans;
  • Missing obvious symptoms;
  • Misreading lab results;
  • Failing to review a patient’s medical history; and
  • Failing to diagnose promptly. 

In other words, the plaintiff must prove that a medical professional with similar training and experience would have properly diagnosed the condition and reacted appropriately.

An appendicitis misdiagnosis can increase the amount of time a patient suffers pain and discomfort and put them at risk of death without additional treatment. 

Medication Errors

Medication errors can also give rise to a medical malpractice lawsuit. Drug-related mistakes harm at least 1.5 million people annually and cost hospitals more than $3.5 billion per year in additional medical expenses.

The National Coordinating Council for Medication Error and Prevention (NCCMERP) defines a medication error as any preventable event that may cause or lead to inappropriate medication use or patient harm, while the medication is in the control of the health care professional, patient, or consumer.

Medication errors can happen in several ways, including:

  • Administering more medication than a patient needs,
  • Prescribing a medication the patient is allergic to,
  • Failing to follow a medication schedule,
  • Filling a prescription with the incorrect medication,
  • Writing an illegible prescription order, causing the wrong medication to be delivered,
  • Administering an expired medication,
  • Improperly injecting a patient while distracted, or
  • Administering a patient’s medication ahead of schedule.

Many medication errors stem from communication issues between patients and other medical staff. The average consumer is not familiar with the properties of different medications, making it difficult for patients to realize when a medication error occurs. 

If someone’s negligence causes the medication error, the patient may be entitled to recover their losses through a medical malpractice claim.

Birth Injuries

A birth injury is a physical injury experienced by a child or mother during or after childbirth. Birth injuries can result from mistakes in the delivery room, as well as treatment failures prior to the labor and delivery process. Common birth injuries include::

  • Depriving the baby of oxygen during the delivery process;
  • Brachial plexus injuries, or injuries to the baby’s shoulders, hands, and arms;
  • A prolapsed uterus;
  • A ruptured uterus;
  • Preeclampsia; and
  • Excessive bleeding.

An experienced physician will run numerous tests during the pregnancy to look for issues that can complicate the birthing process. Frequent causes of birth injuries include:

  • Failure to detect the umbilical cord wrapped around the baby’s neck;
  • Failure to monitor vital signs during pregnancy, labor, or delivery;
  • Oxygen deprivation or asphyxia;
  • Administration of defective drugs or improper doses;
  • Failure to react quickly to an emergency;
  • Incorrect use of medical instruments, including forceps and vacuum extractors; and
  • Medication errors.

Several factors can contribute to birth injuries, including mistakes during delivery, poor pregnancy care, and a lack of communication. A medical malpractice lawyer can investigate the cause of the birth injury and determine who is liable.

Premature Discharge

Prematurely discharging a patient from the hospital increases their chance of needing further treatment, eventually costing them more time and money on the road to recovery.

When a doctor’s negligence causes them to prematurely discharge a patient, they may be liable for medical malpractice. Negligence requires proof that a reasonable medical professional would not have discharged the patient based on the facts available at the time.

For example, a reasonable physician would not discharge a patient who is still showing symptoms of a serious medical condition or without a clear diagnosis. 

If you or a loved one were prematurely discharged from the hospital, contact a medical malpractice attorney to discuss your case.

Who Can Commit Malpractice?

A wide range of parties can be liable for medical malpractice, including:

  • Paramedics,
  • Nurses,
  • Anesthesiologists,
  • Medical support staff,
  • General physicians,
  • Surgeons,
  • Hospitals, and
  • Pharmacists.

The details of the medical malpractice claim can affect which parties are liable for the patient’s losses. Our team can determine who is responsible for your damages once we review your case.

Contact Our Parkville Medical Malpractice Lawyers Today to Discuss Your Case

Our team of experienced medical malpractice attorneys can assist your case by:

  • Investigating whether a medical professional’s negligence caused your losses;
  • Compiling records and other evidence to determine the value of your medical malpractice claim;
  • Utilizing our network of experts to assist in proving the liability of the medical providers;
  • Negotiating on your behalf with the defendant’s insurance provider; and
  • Preparing your case for trial.

We cannot take away the suffering you have endured due to a medical provider’s negligence, but we can help you recover a medical malpractice settlement to compensate you for those losses.

Our Parkville lawyers can negotiate with the opposing party to secure a fair settlement offer or prepare your case to go to trial.

Contact Baird Mandalas Brockstedt & Federico to speak to a medical malpractice attorney today.