What Are the Most Common Types of Medical Malpractice?

 Posted on January 14, 2026 in Medical Malpractice

Medical care is meant to help patients heal. Sometimes, mistakes happen instead. These mistakes can cause serious harm. Medical errors are not rare. As of 2026, Illinois medical malpractice cases still require proof that a healthcare provider made a preventable mistake and that the mistake caused real harm.

In a 2025 national benchmarking report, Candello, a healthcare risk analysis group connected to Harvard’s Risk Management Foundation, found that communication failures remain a leading cause of patient harm and malpractice risk across U.S. healthcare systems. When doctors, nurses, or hospitals fail to communicate clearly, patients can suffer preventable injuries.

Understanding the most common types of medical malpractice can help you recognize when care may have fallen below accepted standards. If you are worried about a medical injury, the Schaumburg, IL medical malpractice lawyers at Newland & Newland, LLP can help you understand your options.

What Are the Most Common Types of Medical Malpractice?

Medical malpractice can occur in many ways. Some types of mistakes happen more often than others. These cases usually involve problems with diagnosis, treatment, or patient monitoring.

Common types of medical malpractice include:

• Misdiagnosis or delayed diagnosis, such as missing cancer, stroke, or infection

• Surgical errors, including operating on the wrong area or leaving tools inside the body

• Medication errors, such as giving the wrong drug or the wrong dose

• Birth injuries caused by delayed care or poor monitoring during labor

• Failure to monitor a patient after surgery or during recovery

These mistakes can lead to serious injuries and long-term health problems.

How Do Diagnostic Errors Lead to Medical Malpractice Claims?

Diagnostic errors happen when a condition is missed, diagnosed incorrectly, or diagnosed too late. These mistakes can delay treatment and allow an illness to get worse.

Courts often look at whether symptoms were ignored, test results were misread, or follow-up care was not provided. A delayed diagnosis can take away treatment options that could have reduced harm.

Why Are Surgical Errors a Common Source of Malpractice Cases in Illinois?

Surgery involves many steps and strict safety rules. When those rules are not followed, patients can be seriously injured.

Surgical malpractice may involve poor planning or mistakes made during the procedure. Sometimes, doctors just fail to fully explain the risks and alternatives before surgery. Because surgical injuries are often permanent, these cases usually require careful review of medical records and input from medical experts.

What Makes Birth Injury Cases Different From Other Malpractice Claims in Illinois?

Birth injury cases involve harm to a baby or mother during pregnancy, labor, or delivery. These cases often focus on fetal monitoring and how quickly providers responded to warning signs.

Injuries may include brain damage, nerve injuries, or physical trauma. Because these injuries can affect a child for life, birth injury cases often involve long-term medical care and careful expert analysis. The recoverable damages are often significant as well.

What Legal Requirements Apply to Illinois Medical Malpractice Cases?

Medical malpractice cases in Illinois must follow additional legal requirements. One of these rules, found in 735 ILCS 5/2-622, requires a qualified medical professional to provide a written opinion supporting the claim at the start of the case.

Illinois law also limits how long a person has to file a medical malpractice lawsuit. Under 735 ILCS 5/13-212, a case generally must be filed within two years of when the injury was discovered or should have been discovered. In most situations, there is also an outside deadline that applies, no matter when the injury is found. If these deadlines are missed, the court can dismiss the case, even if the claim is otherwise valid.

How Can You Tell if You Have a Medical Malpractice Case?

Signs of possible malpractice may include unexpected complications, worsening symptoms, or medical records that do not match what you were told.

A legal review can help determine whether an injury was caused by a known risk or a preventable mistake. These cases often rely on expert opinions and a close review of medical records.

Schedule a Free Consultation With Our Rolling Meadows, IL Medical Malpractice Attorneys

If you believe you or a loved one was harmed by a medical mistake, Newland & Newland, LLP can help. Our local attorneys value their communities and the clients they serve. Our attorneys bring many decades of combined experience to medical malpractice cases. We have also recovered millions of dollars in successful verdicts.

Call 847-797-8000 to schedule a free consultation with our Schaumburg, IL medical malpractice lawyers and learn how we can help.