Can You Sue a Doctor for Negligence?

Medical errors most commonly occur in the following settings, according to StatPearls: 

• Intensive care units 
• Emergency rooms 
• Operating rooms 

However, medical errors can happen in any setting, including the delivery room during childbirth, a nursing home, and a doctor’s office. Patients most at risk of experiencing medical malpractice include the following: 

• Patients who are very young or very old 
• Patients undergoing new procedures 
• Patients facing emergencies or requiring fast action 
• Patients with severe medical conditions 

The most common types of medical errors are discussed below. 

Diagnostic Errors 

The majority of medical malpractice cases against doctors arise from diagnostic errors, which include the following: 

• Failure to diagnose 
• Delayed diagnosis 
• Misdiagnosis 

Diagnostic errors occur as a result of the following negligent acts and omissions: 

• Failure to order appropriate tests 
• Failure to address abnormal test results 
• Failure to consider a patient’s history, allergies, symptoms, and current list of medications 
• Failure to establish a differential diagnosis 
• Poor communication with the patient, including a failure to establish rapport, provide all the information needed for informed consent, or use a qualified interpreter when needed 
• Making diagnostic decisions based on intuition and first impression rather than clinical data 
• Basing a diagnosis on personal biases against psychiatric patients, assuming their physical complaints are psychological 
• Basing a diagnosis on other personal biases and assumptions because of a patient’s gender, race, appearance, hygiene, or weight 

According to StatPearls, the most frequently misdiagnosed conditions include the following: 

• Acute cerebral vascular accident – stroke, brain aneurism, or brain hemorrhage 
• Myocardial infarction – heart attack 
• Spinal epidural abscess – a treatable infection between the spinal cord and vertebrae that can affect the entire body, including pain, numbness, paralysis, and a loss of bowel or bladder control 
• Pulmonary embolism – a blood clot in the lungs 
• Necrotizing fasciitis – a flesh-eating disorder 
• Meningitis – a deadly viral or bacterial infection 
• Testicular torsion – an emergency situation in which the cord that carries blood to one of the testicles becomes twisted 
• Subarachnoid hemorrhage – bleeding around the brain 
• Septicemia – a systemic infection of the blood that can cause multiorgan failure 
• Lung cancer 
• Fractures 
• Appendicitis 

Surgical Errors 

Surgery is a complex process that requires skill, preparation, and coordination between surgeons, anesthesiologists, and specialists. Safe surgical procedures require constant attention to detail, effective infection control practices, and adherence to strict quality control procedures.  

During every stage of surgery, from preparation through recovery, doctors must closely monitor the patient and remain prepared to respond to emergencies in a decisive, competent fashion.  

Surgical errors may stem from a few seconds of inattention and result in permanent harm, such as the following: 

• Brain damage from oxygen deprivation, anesthesia errors, or restriction of blood flow 
• Organ damage or sepsis from sponges and other surgical objects being left behind 
• Surgery at the wrong site 
• Surgery on the wrong patient 
• Infection from non-sterile instruments or contaminated clothing 

Medication Errors 

Medication errors may occur due to a doctor misdiagnosing a condition, prescribing medication to the wrong patient, or failing to thoroughly review a patient’s medical information. In some cases, a doctor’s handwriting can lead to medication errors. The most common medication errors include the following: 

• Incorrect medication 
• Incorrect dose 
• Improper administration of medication 
• Failure to prescribe necessary medications 
• Failure to adequately manage pain 
• Failure to modify medication due to side effects 
• Inappropriate prescriptions 
• Delayed administration of medication 

Psychiatrist Malpractice 

Psychiatrist malpractice may stem from medical negligence or intentional misconduct, such as abuse. Psychiatric patients may be uniquely vulnerable to medical malpractice because their mental status can make it easier for a psychiatrist to make assumptions or take advantage of them. 

Psychiatric Negligence 

Psychiatrists are medical doctors that specialize in medical treatment for mental health conditions. Like other physicians, psychiatrists commit diagnostic errors. Psychiatric conditions often include symptoms that mimic physical conditions needing treatment. For example: 

• Chest pain could be caused by anxiety or a heart condition. 
• Nausea and vomiting could be caused by anxiety or serious physical conditions such as food poisoning, ulcers, or cancer. 
• Fatigue may be caused by depression or serious physical conditions such as a virus, bacteria, or cancer. 
• Headaches may indicate excessive stress or a serious condition such as a brain tumor. 

If a psychiatrist assumes all of the patient’s symptoms are “in their heads,” this could prevent the patient from seeking necessary medical care.  

Psychiatrists have a duty to take patient complaints seriously and eliminate physical causes of psychiatric symptoms before diagnosing psychiatric conditions, especially when new symptoms present suddenly. 

Psychiatrists generally do not spend sufficient time with their patients to ascertain psychological health and often do not coordinate care with their patients’ primary care doctors or mental health counselors. As a result, a psychiatrist may commit the following errors: 

• Medication errors, including over-drugging and failure to monitor side effects 
• Failure to notice suicide warning signs 
• Failure to refer patients to other doctors as necessary 
• Failure to learn about the patient’s full medical and mental health background before developing a treatment plan 

Psychiatric Sexual Abuse 

In addition to medical negligence, psychiatric patients are also at risk of experiencing abuse by their psychiatric providers. Psychiatric patients may provide more personal information to their psychiatrists than their other health care providers. An abusive psychiatrist may take advantage of this. 

Psychiatric sexual abuse includes the following: 

• Unwelcome sexual contact 
• An inappropriate romantic relationship 
• Unprofessional discussions of sexual topics 
• Requiring patients to remove clothing 
• Exposing themselves to patients 
• Molestation 
• Rape 
• Exploitation 

It is illegal in Illinois for a psychiatrist to pursue or maintain romantic relationships with patients.  

OB-GYN Malpractice 

OB-GYN malpractice includes negligence related to the following: 

• Women’s reproductive health 
• Prenatal and post-partum care 
• Childbirth 

Birth Injuries 

Birth injuries may occur from negligent prenatal care or negligence during childbirth. Birth injuries can cause serious harm to the mother or the child. The most serious birth injuries stem from the baby being deprived of oxygen, which can lead to permanent brain damage and disabilities, including cerebral palsy. 

A doctor may be liable for birth injuries as a result of the following acts and omissions: 

• Improper forceps use 
• Improper vacuum extraction 
• Failure to timely respond to emergencies 
• Failure to diagnose health conditions during pregnancy 
• Untimely c-sections 
• Inadequate fetal monitoring 
• Failure to detect oxygen deprivation 
• Failure to detect uterine hemorrhages during pregnancy, birth, or the post-partum period 

Gynecological Errors 

Gynecological malpractice can result in women experiencing the following serious injuries: 

• Loss of reproductive ability 
• Delayed diagnosis of serious health conditions such as cancer 
• Long-term pain and suffering 
• Severe emotional distress 

Reproductive harm can lead to permanent sterilization. Our OB-GYN malpractice attorneys recently obtained a $1.95 million settlement after a gynecologist unnecessarily removed a 28-year-old woman’s uterus and both ovaries during surgery for a mass on her left ovary. 

Nursing Home Abuse and Neglect 

Most nursing home abuse and neglect is committed by nursing staff, but doctors also commit medical malpractice in nursing homes through the following acts and omissions: 

• Improper prescription of antipsychotic medications 
• Slow or inadequate response changes in the patient’s condition 
• Delayed orders 
• Lack of face-to-face visitation or follow-up with residents 
• Insufficient communication with nursing staff, families, and patients 
• Failure to recognize signs of nursing home abuse or neglect 

The living conditions patients endure in many Illinois nursing homes are dismal, and doctors could improve patient experiences and reduce injuries by providing more attentive care.