Most Common Medical Negligence Examples (2026)

What Is Medical Negligence?

Medical negligence refers to a healthcare provider failing to offer an acceptable level of care, leading to avoidable harm to the patient. It can involve many types of misconduct, all potentially resulting in the patient needing further medical treatments, experiencing worsening issues and in the most severe cases, succumbing to their condition.

Medical Negligence vs. Medical Malpractice: Understanding the Difference

Medical negligence and medical malpractice are often used interchangeably, but there is a slight difference in their meaning. Medical negligence results in patient harm, but it’s not typically the result of intentional actions.

With medical malpractice, there is usually an element of intent. At the very least, the professional knew that their responsibilities to the patient had not been met.

Common Examples of Medical Negligence in Healthcare

Substandard care can cause significant losses for patients in numerous ways. Take a closer look at some of the most common medical negligence examples.

Misdiagnosis and Delayed Diagnosis Examples

Getting a prompt and correct diagnosis is expected. If a doctor fails to order the appropriate diagnostic tests, doesn’t connect symptoms or misconstrues data, they can end up diagnosing you with the wrong condition. Alternatively, they may take a wait-and-see approach that another provider would not have taken, delaying the diagnosis.

This is particularly dangerous for conditions like cancer, which can spread if not addressed immediately. Infections that go unaddressed can lead to complications like septicemia, and not treating strokes or heart attacks rapidly can put you at risk of suffering more harm.

When you’re misdiagnosed, you may also receive medications and treatments that cause side effects without doing you any good.

Surgical and Anesthesia Errors

One of the most serious medical negligence examples involves surgical errors. These can refer to “never events,” or issues such as wrong patient and wrong body part surgeries. Surgical errors can also include retained instruments, not maintaining a sterile surgical field and not positioning the patient correctly.

Additionally, anesthesiologists must ensure that you receive the appropriate anesthesia dosages. They must monitor vital signs and act quickly if blood pressure, respiration or heart rate changes occur. Failure to do this could be considered negligence.

Medication and Prescription Errors

Receiving the wrong medications can mean not treating your condition correctly, while also exposing you to side effects. These errors can involve a doctor prescribing the wrong drug or the wrong dose.

Nurses can be liable if they administer the wrong medication during procedures, and even pharmacists could be negligent if they fill the prescription incorrectly.

Birth Injuries and Childbirth Negligence

Birth injuries can involve healthcare providers not monitoring the baby’s vital signs during delivery, not addressing maternal illnesses during gestation and using too much force while delivering the baby. A birth injury lawyer can help you understand whether what your child experienced was negligence.

Hospital Administrative Negligence Examples

This type of negligence involves staffing issues, like hiring unqualified people or not hiring enough employees. It can also refer to training failures and policy breaches. Some common medical negligence examples involving hospital administration also include mishandling patient charts and communication breakdowns between units.

The Four Elements Required to Prove Medical Negligence

To prove that medical negligence occurred, your lawyer will need to first establish that a duty of care existed. This means showing that there was a patient-provider relationship and that the other party had a legal duty to provide the accepted standard of care.

The next element is the breach of that duty. Your lawyer will have to demonstrate that the provider failed to meet that standard and that another provider would not have made the same error.

Next is establishing causation. You’ll need to show that the other party’s conduct resulted in harm. This could mean new illnesses or injuries, or the worsening of an existing problem. Finally, you must prove that you sustained an actual injury.

When to Seek Legal Help for Medical Negligence

If you’ve suffered harm because of medical negligence, you may have a right to begin a claim. These cases are very difficult, however, because you’ll need to show that another provider with the same skill level would not have done the same thing. This usually requires relying on expert witnesses and negotiating with medical insurance companies.

With legal assistance, the process can be easier. Your personal injury lawyer will have the necessary contacts to present the evidence you need, and they’ll have experience negotiating with insurers to fight for the compensation you deserve.

Find the Right Attorney With Help From ConsumerShield

At ConsumerShield, we can connect you with vetted lawyers in your local area who can provide the robust legal support you need to protect your rights and find the best path forward for your well-being. Contact us to learn more about our services today.