Over 1 Billion Recovered For Our Clients

Helping New York and New Jersey Injury Victims for over 40 Years.

Best Law Firms 2023
Best Lawyers of the Year, New York, NY 2025 - Jeff S. Korek
Jeff S. Korek Selected as a Best Lawyers of the Year, New York, NY 2016 - Best rated Personal Injury Lawyer
Avvo Rating 1

4 Common Types of Medical Malpractice Claims

medical malpractice claimHealth care professionals are supposed to provide patients with medical care and treatment, but all too often patients feel worse than they did prior to seeking medical treatment. Medical malpractice claims are important tools injured patients can utilize to protect themselves if they have been further injured by a medical professional or health institute, such as a hospital or urgent care facility.

This article explores the four common medical malpractice claims made by injured victims.

1. Surgical Errors

Surgical procedures have inherent risks. For this reason, hospitals and physicians require most patients to sign a form stating that they understand these known risks before undergoing the surgery. However, these forms do not cover preventable mistakes and errors made during the surgical procedure. Common types of preventable surgical errors include:

  • Improperly administering anesthesia
  • Operating on the wrong body part
  • Operating on the wrong patient
  • Leaving a foreign object inside the patient
  • Injuring another body part during the surgery

2. Prescription Medication Errors

Prescription medications are potent drugs that can cause serious damage if not properly administered to the patient. The U.S. Food and Drug Administration (FDA) reports that approximately half of all fatal medication errors affect patients over 60 years of age. Common types of prescription medication errors include:

  • Prescribing an incorrect dosage of medication
  • Administering the incorrect dosage of medication
  • Prescribing the wrong medication
  • Administering the wrong medication

3. Failure to Treat

Failure to treat a medical condition according to the standard of care is another common way that physicians and hospitals can be held liable for negligence. Failure to treat medical conditions can be the result of:

  • Understaffed medical facilities
  • Overworked medical facilities
  • Prematurely discharging a patient
  • Failure to refer a patient to a specialist
  • Improperly following up care
  • Dismissing symptoms as temporary, minor or not worth treating

4. Misdiagnosis

Physicians can also face a medical malpractice claim if they fail to properly diagnose a medical condition or disease. Since some medical conditions present similar symptoms, it is imperative that physicians closely follow the standard of care to prevent improper treatment that could result in further worsening of the medical condition. Common misdiagnosis cases include:

  • Failure to diagnose cancer
  • Diagnosing a chronic condition as a less serious one
  • Failure to include potential medical problems in their initial differential diagnosis list
  • Failure to recognize an urgent medical issue

Call an Experienced NY Medical Malpractice Attorney

Any type of medical error can be dangerous and a terrifying experience for both the victim and their loved ones. The most important thing to realize is that you are not alone. The attorneys at Gersowitz, Libo & Korek P.C. have more than 40 years of experience and knowledge to aggressively fight for your rights and get you the full extent of monetary compensation that you deserve.

To schedule a complimentary consultation with one of our New York medical malpractice attorneys, please call 1-800-529-9997.

Related Articles
Jeff Korek
Jeff S. Korek
Senior Trial Partner
New York State Bar #2089290

Jeff S. Korek is a New York trial lawyer and Senior Trial Partner at Gersowitz Libo & Korek, P.C., where he has practiced since 1992. Over more than three decades of practice, Jeff has represented clients in complex personal injury and medical malpractice cases and has secured significant verdicts and settlements, including $10 million and $20 million recoveries in medical malpractice matters involving childbirth complications, as well as an $18 million settlement in Gardener v. City of New York.

Jeff has been recognized by The Best Lawyers in America since 2006 and has received multiple “Lawyer of the Year” honors, including for Personal Injury Litigation – Plaintiffs in New York City in 2016 and Medical Malpractice Law – Plaintiffs in New York City in 2020. He has also been repeatedly selected to Super Lawyers, including the Top 100: New York – Metro list. With decades of experience handling complex cases, a strategic approach to litigation, and a strong commitment to clients, Jeff Korek has built a distinguished practice in New York personal injury and medical malpractice law.