What is Medical Malpractice?

Medical malpractice represents a failure by healthcare professionals to provide the standard of care expected in their field, leading to patient harm. This encompasses a broad range of errors, including misdiagnosis, improper treatment, surgical mistakes, and more. Despite advancements in medical practice, such negligence remains a critical issue, with the potential for devastating outcomes.

Medical malpractice claims hinge on demonstrating a breach in the standard of care directly causing injury. This necessitates a previously established patient-doctor relationship and clear evidence of negligence.

What are the 6 most common types of medical malpractice cases?

The most common types of medical malpractice claims involve errors in diagnosing a condition, prescribing medication, performing surgery, treating pregnancy/childbirth & More.

1. Misdiagnosis

A leading cause of malpractice suits, misdiagnosis can delay essential treatment, leading to worsened conditions. The complexity of accurately diagnosing conditions, given overlapping symptoms among various diseases, heightens this risk. Key misdiagnosed conditions include heart attacks, infections, and tumors. The gravitas of a misdiagnosis hinges on the lost opportunity for timely intervention, emphasizing the critical need for diligence and second opinions in healthcare. Some of the most misdiagnosed conditions include:

  • Infection
  • Heart attack
  • Heart disease
  • Blood clot
  • Tumors or Masses

2. Medication

In an era where prescription medication use is at an all-time high, the margin for error in medication dispensation is alarmingly narrow. Errors can range from incorrect prescriptions, and dosages, to overlooking dangerous drug interactions, each carrying significant risk for adverse effects. These errors underscore the essential need for meticulous cross-checking and patient education on drug interactions. Examples of this type of oversight include:

  • Giving out the wrong medication
  • Failing to dispense the appropriate medication at the correct time
  • Giving the incorrect dosage
  • Failing to notice a harmful drug interaction

3. Surgery Malpractice

Even routine surgeries are not immune to human error, with potential for grave consequences. Surgical errors may include operating on the wrong site, unnecessary procedures, or leaving instruments inside a patient. Such errors not only breach the trust between patients and medical professionals but also highlight the critical need for surgical checklists and post-operative care to mitigate risks, including the following:

  • Performing the wrong surgery
  • Performing an unneeded operation
  • Failing to obtain consent prior to operation
  • Damaging a nerve during surgery
  • Failure to control bleeding
  • Leaving surgical instruments inside the patient
  • Giving the wrong dose of anesthesia
  • Causing infection due to improper sanitation procedures
  • Knowingly using defective equipment

4. Pregnancy and Childbirth

Obstetrics and gynecology are fields with high malpractice claims, reflecting the complexities and high stakes involved in childbirth. Errors can range from failing to diagnose prenatal conditions to mishandling delivery, leading to long-term harm to both mother and child. This underscores the importance of continuous monitoring and preparedness to address complications promptly. Examples of pregnancy and childbirth-related malpractice include:

  • Misdiagnosis of placental abnormalities
  • Failure to monitor or recognize the signs of gestational diabetes
  • Failure to stop an excessively long labor
  • Surgical errors during a cesarean surgery
  • Nerve damage to the baby during delivery

5. Anesthesia Errors:

The administration of anesthesia carries its own set of risks, from dosing errors to inadequate patient monitoring. Such errors can result in lasting injury or fatality, highlighting the necessity for rigorous training and adherence to protocols in anesthesiology.

6. Failure to Treat

Identifying a medical condition is only one facet of care; appropriate treatment is paramount. Overlooking the necessary treatment protocol or prematurely discharging a patient can have dire consequences, emphasizing the need for a comprehensive approach to patient care.

Navigating the Aftermath of Medical Malpractice

If you suspect you’ve fallen victim to medical malpractice, it’s crucial to seek a second opinion, document all interactions and treatments, and consult with a specialized legal professional. Understanding your state’s statute of limitations is also crucial to ensuring your case is heard.

The Complexity of Medical Malpractice Law

Navigating medical malpractice claims requires expertise and nuanced understanding of the law. At Manchin Injury Law Firm, we bring extensive experience in advocating for victims of medical negligence across north-central West Virginia. Contact us for a comprehensive review of your case and to explore your options for securing the compensation you deserve.

What Type of Lawyer Handles Medical Malpractice?

The medical malpractice experienced attorneys at Manchin Injury Law Firm are committed to helping the residents of north-central West Virginia who have been victims of medical malpractice and negligence.  Let us help you receive the compensation you deserve. Contact us today to schedule a free, no-obligation case review.



Hannah Toothman, serving as a Paralegal at the esteemed Manchin Injury Law Group since January 2013, brings a wealth of expertise and dedication to her role. A graduate of Buckhannon-Upshur High School in 2007, Hannah furthered her academic pursuits by earning her B.A. from West Virginia Wesleyan College in 2011.

At Manchin Injury Law Group, Hannah’s responsibilities span across various legal domains, including Personal Injury, Medical Malpractice, Social Security Disability, and Workers’ Compensation. She collaborates closely with all firm attorneys, ensuring seamless support and assistance.


Attorney Timothy Manchin established the Manchin Injury Law Group in 2011 after his law partner of more than 25 years became a West Virginia circuit court judge. His focus is on helping individual clients and entire families victimized by negligent acts.

  • Taylor Downs was easy to talk to (I do not speak the legal language well!) and was very upfront and honest about the entire process of my case. He kept me updated as the case progressed, and answered my relentless questions. The end result was a favorable settlement that I’m not sure could have been any better with anyone else. In short, go see Taylor if you have a case. Don’t be intimidated to go seek his help, he won’t blow your brains out with “legal speak”.


  • Being referred to Taylor was the best thing I could have asked for. Taylor and staff are very easy to talk to. I would highly recommend them to anyone.


  • If I ever have to go through it again I would definetly call Taylor right away. The group was so helpful through my situation and handled everything that needed to be done. They made a stressful situation a stress free situation. With Taylor you dont have to worry about one thing. Definietly would recomend to anyone.

    - TAYLOR G.

  • Efficient, knowledgeable, and friendly.


  • Taylor and Tim helped make a difficult moment in life, a little more bearable. Easy to communicate with and informative. I will absolutely recommend them to everyone.


  • Manchin Injury Law Group, Took care of me when I got into a car accident while I was pregnant. Very scary moment for a first time mom but thankfully Manchin Injury Law Group had my back and treated me great. They made me feel as if I was part of their family. My son is now 7 Months Old and very happy and healthy. I’m very thankful for them for helping me through everything and getting me what we deserved. I 100% would recommend them to anyone. If I ever have an accident again they will be my number 1 phone call!


  • The support given helped me to feel like I was included in my personal injury case every step of the way. I was informed about the entire process throughout. It was amazing how quick the turn around time was and I would definitely recommend Attorney Timothy J. Manchin to anyone!


  • Taylor and Kelly worked hard on my case so I didn’t have to. Thanks guys!


  • Excellent experience dealing with Manchin Injury Law. They were very responsive, professional and easy to talk to. I did my homework before I hired a lawyer after my accident and I am so glad I found Manchin Injury Law Group. If you are injured, give them a call!


  • Taylor and Tim helped make a difficult moment in life, a little more bearable. Easy to communicate with and informative. I will absolutely recommend them to everyone.


  • Kelly and Taylor did all the hard work so that I didn’t have to. They both cared about my circumstance and got me a nice settlement. Taylor knows what he is doing and I felt comfortable with my case in his hands.


  • Great lawyers. They helped me with a West Virginia case.


  • Such a great experience with Taylor and this firm. Thankful for their diligence and their work on our case. Thank you to all!


  • Had a easy and smooth experience with a great attorney so when you go there make sure you ask for Taylor.


  • My experience at the Manchin Injury Law Group was extremely positive, and I would recommend them to anyone who needs a compassionate and experienced lawyer on their side.


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