3 Common Malpractice Claims & Advice for Doctors Being Sued

Practicing medicine is one of the most stressful professions in the modern world. Doctors may be different from police officers, soldiers, and construction workers in that their own lives are not at risk, but they must bear the burden of protecting others’ lives every single day.

Unfortunately, since medicine is far from an exact science, healthcare providers are not always able to save their patients. Regardless, people expect a lot from their physicians, and when complications arise, malpractice lawsuits are likely.

In one study originally published in The New England Journal of Medicine, researchers found that 7.4 percent of all practicing physicians faced at least one malpractice claim annually. Doctors may find it somewhat reassuring that approximately 78 percent of these claims do not result in payouts; however, just facing a suit can add a considerable amount of stress to an already overwhelming schedule.

If you are facing a claim after allegedly providing substandard care, turn to the Florida medical malpractice defense attorneys at Lubell Rosen. Our legal team has the knowledge, litigation experience, and resources to help you secure the most favorable outcome possible. Call (954) 880-9500 to discuss your case and determine the most strategic way to proceed.


Let’s examine three of the most common malpractice claims brought against healthcare providers across various specialties:

1. Medication Errors

Nearly 4 billion drugs are ordered or provided annually, which helps explain why alleged medication errors are a common cause of malpractice claims. Determining liability in such cases can be challenging, though, because multiple parties could be at fault. For example, the doctor prescribing the medication might order the wrong drug, the pharmacist filling the order might use the wrong dosage, or the nurse administering the medication might fail to follow proper protocol.

2. Surgery Errors

If a particular procedure does not go as planned, the patient does not automatically have grounds for a malpractice claim; however, if the surgical team is negligent and complications arise as a result, they can expect to face a lawsuit. Common surgical errors include:

Leaving a foreign object inside the body;

  • Operating on the wrong part of the body or on the wrong patient entirely;
  • Puncturing organs or damaging nerves when making incisions;
  • Failing to administer the right type or dosage of anesthesia; and
  • Failing to provide adequate postsurgical care that would have prevented infection.

3. Labor & Delivery Errors

Some birth complications are unanticipated, but others are entirely preventable. When an obstetrician is negligent, the consequences can be devastating for both mother and baby. Labor and delivery errors are often the result of a provider’s failure to anticipate, identify, or respond to fetal distress.

Advice for Physicians Who Are Facing a Malpractice Suit 

The most effective defense strategy against malpractice allegations will depend on the facts of the case. In general, though, providers can protect themselves by turning to a seasoned medical malpractice defense lawyer as soon as they learn of a pending suit. Hiring an attorney early in the proceedings will help you avoid making critical mistakes along the way, such as admitting or accepting fault before actually reviewing the case from all angles.

Discuss Your Case with a Medical Malpractice Defense Attorney in Florida Today!

If you are being sued for medical malpractice, contact Lubell Rosen. We will answer your questions, address any concerns, and conduct a thorough investigation into your case so we can aggressively defend your interests. Call (954) 880-9500 or fill out our Contact Form to schedule a consultation with a medical malpractice defense lawyer in Florida.

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Julia M. Ingle,  Esq.

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