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personal injury

Common Medical Malpractice Cases

Medical malpractice is the breach of the physician’s or other healthcare professional’s duty to provide competent care to a patient. The consequences of this breach of duty have life-or-death repercussions for the patient.


clinician talking with medical staff about medical malpractice


A study by Johns Hopkins showed that medical mistakes are the third leading cause of death in the US. The estimated number of these medical error fatalities is between 250,000 and 450,000. Failure to diagnose and prescription drug errors were the top two causes, but not the only ones. 

Primary Causes Of Medical Malpractice

These are the most common ways a patient could experience medical malpractice.

  • Misdiagnosis, failure to diagnose, or delayed diagnosis: When a doctor fails to properly diagnose a condition or disease, or significantly delays diagnosis, this can harm, injure or kill a patient. A misdiagnosis can mean incorrect treatment, such as prescriptions or diagnostic testing. Along with a delayed diagnosis, a misdiagnosis can allow the patient’s condition to progress past the point of treatment.
    • Medical gaslighting is one form of malpractice that may be any form of the above.
  • Failure to treat: this can occur when a physician correctly diagnoses a patient but doesn’t follow through with treatment, such as discharging a patient from the hospital prematurely or not providing the standard of care required.
    • Failure to prevent or treat infections: hospitals are some of the most common places to develop an infection, either from unsanitary conditions or unsterilized equipment. Should a hospital fail to implement infection control or a doctor fails to treat an infection, both types fall under the medical malpractice area.
  • Surgical errors: while there are risks associated with most surgeries, his type of medical malpractice is the negligence or errors during surgery that harms or injures the patient, such as:
    • Unsterile instruments
    • Damage to the organs, tissues, or nerves that was avoidable
    • Surgical equipment left inside the body
    • Operating on the wrong body part
    • Performing the wrong procedure
    • Inadequate post-surgical care
  • Prescription errors: A doctor or other healthcare provider may administer an incorrect medication, or in the incorrect dosage, fails to account for any potential drug interactions with other prescriptions, causing adverse side effects. A prescription may be incorrectly filled, leading to the patient taking the wrong medication.
  • Birth injuries: When a mother or newborn is harmed during birth through medical negligence or error, such as mishandling forceps, not ordering a C-section when needed, or failing to monitor the mother or baby’s vitals. Injuries resulting from medical errors include brain damage, hypoxia, spinal cord injuries, shoulder dystocia, cerebral palsy, and death.
  • Anesthesia errors: As an important part of the surgery, anesthesia must be correctly administered. Errors may have severe repercussions for the patient, including brain injury, pain, and even death.


If you believe you’ve received medical care that was incorrect, inadequate, or otherwise may qualify as malpractice, schedule your appointment with our medical malpractice lawyers to discuss your case.

Medical Malpractice Lawyers in Texas

We all expect that our healthcare providers will care for us properly when we’re sick. When that doesn’t happen and that failure causes unnecessary pain or suffering or causes irreparable damage or death, it’s time to act. The medical malpractice lawyers at Paxton Law in Houston are ready to fight for you and help you get the compensation you deserve.

 Contact Paxton Law Firm today at 281-978-2244, and we’ll review your case and advise you of your possible compensation claim. The Paxton Law Firm and attorneys Richard Paxton and Michael Mendoza believe in taking on your legal battles and turning a negative situation into your best possible outcome.

We offer free consultations, and you do not pay our fees until we recover for you.


Contact Us (281) 978-2244