Common Types of Medical Malpractice Cases

section symbol intertwined with a stethoscope We rely on our medical professionals to help us through some of the most difficult times in our lives. We give them our trust and literally put our lives in their hands. Most medical professionals give us their best care, but mistakes can and do happen – perhaps more often than you think. 

If you suspect that you are a victim of medical malpractice, you should talk to one of the experienced medical malpractice attorneys at Slappey & Sadd. We work with people who have been injured in the Atlanta metro area and across the state of Georgia. We offer free initial consultations – call us today at 888-474-9616 or send us an email to learn more about how we can help. 

The Basics of Medical Malpractice

Before we get into the types of medical malpractice cases, it may be helpful to review the basic elements of a medical malpractice claim. In order to prevail in your case, you must prove the following:

  1. Your doctor, the hospital, or other medical professional owed you a duty of care;
  2. They breached that duty; and
  3. Their breach of that duty caused your injury.

Typically, the first element is not difficult to establish in most medical malpractice cases. The other two elements – that they breached their duty to you and in so doing caused your injury – are often much trickier. You have to prove that they deviated from the standard of care, or to put it another way, they failed to do what other doctors would do in the same situation. In addition, you will then need to prove that their failure to follow the standard of care resulted in your injury. 


Misdiagnosis is one of the most common forms of medical malpractice. Misdiagnosis can include both failing to diagnose any medical condition as well as diagnosing the patient with the wrong medical condition.  

Failure to Treat

Failure to treat cases arise when the doctor does not provide adequate care. This can include releasing you from the hospital too soon, failing to provide you with follow-up care, or neglecting to refer you to a specialist. 

Birth Injuries

Birth injuries are another common form of medical practice, unfortunately. Birth injuries can arise from the prenatal care provided by the OBGYN or during the birth of the child. 

Surgical Errors

Surgical errors may not be the most common type of medical practice, but it may be one of the most alarming. Although you signed a consent form acknowledging the risk of death or other complications, you do not waive your legal rights if the doctor fails to comply with the standard of care. Here are some examples of surgical errors that may give rise to a medical malpractice claim: 

  • Leaving foreign objects such as gauze, clams, or scalpels inside the patient
  • Errors in administering anesthesia
  • Cause extraordinary organ, nerve, or tissue damage
  • Performing the incorrect procedure or unnecessary surgery

Call the Atlanta Medical Malpractice Attorneys at Slappey & Sadd

Medical malpractice cases are complex and almost impossible for non-lawyers to pursue. You need someone on your side who can help you prove your case and get the compensation you deserve. The medical malpractice attorneys at Slappey & Sadd have the knowledge, skills, and experience you need. Call us at 888-474-9616 or contact us online to schedule a free consultation to discuss your case.

Contact Information