Patient affected by medical malpractice during inpatient hospitalization November 25, 2021

Medical Malpractice During Inpatient Hospitalization

We tend to think of hospitals as places of healing and refuge. But they can also be places of injury and infection. The issue then becomes how to deal with the inpatient medical malpractice.

Injury and Disease Not Uncommon

Studies over the last decade and more have shown that injuries, infections, and malpractice are not uncommon in Nevada hospitals. Sometimes, the problem is removing the wrong tissue, an injury caused by a procedure, or even a simple infection that gets out of hand. In any of these cases, you may need to take steps to recover from the consequences.

Common Problems That Support an Inpatient Malpractice Claim

Malpractice requires that you prove that a duty was owed and that the duty was breached, resulting in an injury and damages to the plaintiff. As many as 1000 people per day die because of preventable hospital mistakes. Sometimes, the connections are not obvious, but they are present in the kinds of cases discussed below.


It’s easy to say that a fall and its consequent injuries are not malpractice. The patient fell, and the doctor wasn’t even present, for example. However, the underlying reasons for the fall can constitute malpractices. For example, if the patient is overmedicated or inappropriately medicated, the drugs may cause the mental fog that causes the falls. Similarly, if a physician fails to diagnose a condition, such as a stroke, which can affect the resident’s mobility, any fall may result from malpractice.


Infections, like falls, may seem more like acts of God rather than malpractice. However, if the hospital or its staff have failed to observe the appropriate protocols for preventing infections, then malpractice may well be the issue. Nearly four percent of hospital patients will develop an infection each year while in the hospital.

Unnecessary or Incorrect Surgery

Problems that result from an unnecessary or incorrect surgery can also constitute medical malpractice for inpatients. The most common forms of medically unnecessary surgery include:

  • Surgery results from misdiagnosis – This occurs when surgery is performed that isn’t needed because the diagnosis that supports it is incorrect. In this case, the surgery may, in fact, reduce the patient’s condition rather than helping
  • Surgery lacking informed consent – Informed consent is given when the patient receives all the necessary information to properly consent to a procedure. Without informed consent, the surgery is not only malpractice, but it may also constitute a crime.
  • Surgery based on financial incentive for the surgeon – These inappropriate incentives may occur when a surgeon is an owner of the surgical facility or when a manufacturer of equipment offers incentives for its use
  • Surgery on the wrong body part or wrong patient – Surgery on the wrong body part can be catastrophic. If a patient needs to have the left lung removed and the healthy right lung is removed instead, the surgery constitutes a virtual death sentence.

Contact a Las Vegas Medical Malpractice Attorney Today

If you or a loved one has been subject to medical malpractice while in the hospital in Nevada, an experienced and knowledgeable medical malpractice lawyer can work to get you the best possible settlement of your claim. Medical malpractice claims are subtle and complex and have a short statute of limitations. Contact us today or call 702-291-7549 for a free case evaluation and initial consultation.

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