Common reasons for hospital malpractice lawsuits include misdiagnosis or delayed diagnosis, childbirth injuries, medication errors and surgical mistakes, explains Nolo. In order to prove medical malpractice, a person must demonstrate that the medical provider was not reasonably skilled or competent and that such incompetence led to harm.
Misdiagnosis and delayed diagnosis, which account for a large amount of malpractice lawsuits, can result in a patient missing important treatment that could prevent harm or death, notes Nolo. In order to prove this type of claim, a person must show that the doctor did or did not act in accordance with what other competent doctors in the same field would have done. A doctor may be found guilty of malpractice under these circumstances only if judged to have acted negligently compared to others in the same situation.