Millions of healthcare providers engage in dispensing advice, prescriptions, and treatments everyday across the country.  Yet a mistake in any type of medical treatment can be devastating. These mistakes that happen in the healthcare field can have long-lasting or permanent adverse effects on the patient. 


What exactly is medical malpractice? According to Medical News Today, medical malpractice is when a healthcare provider does not give appropriate treatment or action, or gives a treatment that causes harm, injury, or death to a patient. This neglect or failure is a serious matter; any mistake that occurs in a healthcare context requires immediate attention. 


For a case to be considered medical malpractice, there are three factors to consider:


  • Failure to provide a proper standard of care

  • An injury results from negligence

  • The injury must have damaging consequences


This is why it’s important to seek out a personal injury attorney if you or a loved one has suffered from a medical mistake: a healthcare provider is expected to administer a certain standard of care. If they fail to do this, mistakes can and do occur. 


After seeking the guidance of a personal injury attorney, you may be eligible to receive compensation for your injuries. Two types of damages an injured patient may get include compensatory damages and punitive damages. 

In a medical malpractice case, the plaintiff must prove the following: 

  • That the doctor had a duty to provide standard care to the patient 

  • That the doctor did not provide a certain standard of care 

  • This failure resulted in the patient’s injury 

  • The resulting injury had substantial damage to the patient’s life 


In this latest blog post, we’ve detailed the five most common reasons for a medical malpractice case. If you have further questions regarding medical malpractice, please feel free to reach out to us. We’d be happy to assist you.  



Misdiagnosis of illnesses or conditions accounts for one of the most common types of medical malpractice cases. When a doctor diagnoses a patient with the incorrect condition, that patient may suffer due to lack of appropriate treatment, surgery, or medication. The patient, however, could also suffer if they are prescribed the incorrect medication or if they undergo needless surgery. 


Circumstances related to misdiagnosis are a lack of diagnosis or a delayed diagnosis. The time wasted while not having a proper diagnosis could lead to serious consequences for the patient. For a progressive disease, the diagnosis should be given as early as possible, especially if the patient seeks medical treatment in a timely fashion. 


Many diseases can worsen if not diagnosed, and can prove to be fatal in those cases. A proper diagnosis can prevent complications and possibly even save lives. 


You must keep in mind that if the perceived negligence occurs without injury, then a patient may not be entitled to file a claim. The plaintiff has the responsibility of proving that the negligence led to injury. The crux of medical malpractice claims is that if the provider had taken necessary steps that adhere to a certain standard of care, then the injury would not have occurred. 

Injuries During Childbirth

If a baby sustains injuries during birth, it could be due to a healthcare provider’s negligence or error. This also goes for a fetus during pregnancy, which can include a failure to diagnose certain conditions the mother may have like preeclampsia, Rh incompatibility, hypoglycemia, anemia, or gestational diabetes


When medical malpractice happens during delivery, it usually has to do with birth complications. These could include a doctor failing to address a drop in fetal heart rate, failing to diagnose birth defects, or failing to administer a cesarean section when needed. 


According to HG, some injuries sustained during birth can be quite severe, including seizure disorders, broken bones, paralysis or cerebral palsy. These serious injuries are devastating to families who have to deal with the repercussions for life. In these cases, it is crucial to be able to pay for needed treatments, therapies, and medications. You should therefore find out if your case is eligible for compensation. 


Errors in Medication


Medication mistakes are one of the most common instances that lead to medical malpractice cases. The doctor can mistakenly prescribe the wrong medicine altogether or merely the incorrect dosage. In an in-patient hospital setting, a nurse or doctor could end up giving the wrong medication to the wrong patient. Mistakes such as these can lead to serious consequences. 


Mistakes in medication can also lead to harmful drug interactions. When the doctor prescribes your medication, they should take note of any interactions that might occur with existing medication or with any conditions you might have. If they fail to acknowledge a drug interaction, it could damage your health considerably. 

Errors in Anesthesia 

Another common healthcare error can occur within the anesthesia context. Many times, this type of error has to do with the healthcare provider giving the incorrect dosage of anesthesia prior to surgery. Even very small errors can result in life-altering damage or death, which is why it is so important for healthcare professionals to check and double check dosages.


There are other instances that can contribute to errors in anesthesia. These include a failure to reference the patient’s medical history and their possible reaction to certain anesthesia medicines, a failure to monitor the patient’s vital signs, using faulty tools, or even improperly intubating the patient. 


Errors in anesthesia have extremely serious consequences. It is for this reason that you should seek out a personal injury attorney that specializes in medical malpractice to consult with you on your possible case. Reach out to us at Castan & Lecca to set up an appointment today. 

Errors During Surgery


Common reasons for medical malpractice many times involve surgery. This could include any number of things. The surgeon operates on the wrong part of the body (or “wrong site surgery”), leaves gauze inside of the patient, or actively makes a mistake like puncturing an organ or causing bleeding, or causing nerve damage. These instances listed are just a small sample of errors during surgery. 


There is also something known as “wrong patient surgery” in which a surgery operates on the wrong patient altogether. While this is not as common as wrong site surgery, it can still occur and cause, at the very least, unnecessary recovery or lasting injuries. 


A common mistake that occurs during surgery could involve the use of unsanitary instruments, which could lead to infection or sepsis. This instance could be especially damaging to a patient with a compromised or low immune system and could lead to lasting impacts.  


There are many different types of lasting damage that one can suffer from a medical mistake. They can include physical injury and pain, emotional suffering, financial impacts, and familial impacts. A life change like this can be devastating to the victims and their families.


While personal injury lawyers cannot turn back time, they can assist you through the difficult process of filing a medical malpractice claim. The compensation you deserve from a medical injury will allow you to regain a feeling of stability and comfort, even in the face of hardship and pain. 


If you believe that your injury could have been avoided if certain steps were taken to ensure your safety and care, you may be eligible for monetary damages. 


This is why it’s important to have medical malpractice case experts on your side from the moment you are injured. Please call us today to set up a free consultation of your case. We are exceptional attorneys who provide you with superior results. 




Michael Boeschen (Mike) was born in Wichita, KS and raised in Chattanooga, TN. Mike graduated from The McCallie School and went on to study history, Spanish, and Latin American Studies at Southern Methodist University in Dallas, TX. After graduation, he went on to pursue a law degree from the University Of Georgia School Of Law. During law school, Mike participated in the Legal Aid Clinic, assisting in the defense of indigent criminal defendants. Mike has been licensed to practice law in Georgia since 2002 and his main practice area consists of representing injured workers as they navigate through the Georgia workers’ compensation system. Mike is also fluent in Spanish. In his spare time Mike enjoys following soccer, cooking, and spending time with his wife and two young daughters. Mike and his family are parishioners of the Holy Spirit Catholic Church in Sandy Springs, GA





Edward Denker was born in Philadelphia, PA but has made Georgia his home since 1999. He graduated from the Pennsylvania State University with a Bachelor’s degree in liberal arts. He then earned his Juris Doctorate from the University of Georgia. Edward spent his first years in practice representing clients in personal injury and wrongful death claims. He then spent more than a decade honing his litigation skills representing employers and insurers in workers’ compensation claims, where he gained immense experience and knowledge of how insurers defend those claims. In 2017, Edward returned to his passion of representing people who have been injured at work or through the negligence of others. When he isn’t working, Edward enjoys spending time with his wife and their two children. He is also an avid sports fan, and enjoys cooking and travel



Iliana Dobrev was born in Bulgaria. After high school, she immigrated to the United States to study law. She graduated magna cum laude from Georgia State University with a Bachelor’s in political science concentrating on pre-law and minoring in Spanish. In 2015, she graduated from Georgia State University College of Law. While in law school, Iliana completed a Graduate Research Assistantship in Labor and Employment Law and Employment Discrimination and two externships in Immigration Law. As an immigrant herself, Iliana is passionate about advocating for and defending immigrants. She is delighted to help families stay together and pursue the American dream. Iliana is a member of the American Immigration Lawyers Association and worked in both a fellowship and a firm specializing in immigration law. Iliana is fluent in Bulgarian and Spanish



Ken Thaxton was born and raised in Roberta, GA. When Ken was a child, his father started a trucking business, which Ken ultimately spent over ten years working with through his late teens and twenties. Ken graduated from Houston County High School in Warner Robins, GA in 2001 with a 4.0 GPA. He then studied Business and Information Technology at Macon State College, ultimately graduating with a 4.0 GPA in 2004. After graduation, Ken continued to work with his father’s trucking company, and in late 2005, Ken and his father started an aircraft charter company, Southern Jet, Inc., under Part 135 of the Federal Aviation Regulations. Ken served as President of Southern Jet from 2006 until 2010, when he and his father sold the company. Ken is a Commercially Licensed Instrument, Multi-Engine Pilot. While serving as President of Southern Jet, Ken started Law School at the University of Georgia School of Law in 2009. Ken focused primarily on business and civil law, including Workers’ Compensation, while at UGA. He graduated Cum Laude and in the top 25% of his class from UGA Law in 2012. Ken is a licensed to practice law in the State of Georgia, and he is also a licensed neutral (mediator) in the State of Georgia. Ken represents small businesses in transactional matters and business conflicts, and he also represents injured workers and Plaintiffs injured in cases of negligence. During his spare time, Ken enjoys swimming, cycling, sporting clays, and fishing. He also does charity work with a national scholarship fund



Alexander Lecca (Alex) was born in Miami, Florida to immigrant parents from Cuba and Peru. Alex graduated from Coral Gables High School, where he was a recipient of the Elsa Glazer Award (given to students who graduate with a 3.5 GPA and above). He went on to study marketing at the University of Miami School of Business Administration. At the University of Miami he was also a member of the Pi Kappa Alpha fraternity. After graduation, he went on to pursue a law degree from St. Thomas University School of Law. In law school, Alex received several book awards and graduated Cum Laude. During law school Alex clerked for the Honorable Beth Bloom, had an internship with the Miami-Dade County Public Defender’s office, and clerked for a prestigious litigation law firm. Alex is licensed to practice law in both Georgia and Florida and handles workers’ compensation and personal injury cases. He is also a registered mediator with the Georgia Office of Dispute Resolution. Alex is also fluent in Spanish. During his spare time, Alex enjoys outdoor activities with his wife and four children. He also helps coach his children’s baseball, football, basketball, and soccer teams. Alex and his family are parishioners of St. Catherine of Siena Catholic Church



Dan Castan is a senior partner at Castan and Lecca, PC in Buckhead and represents injured workers before the State Board of Workers’ Compensation and plaintiffs in State and Superior Courts of Georgia for injuries suffered in accidents. Dan litigated one of the seminal claims securing the rights of undocumented workers to receive Workers’ Compensation benefits in the state of Georgia when injured in the case of Wet Walls, Inc. vs. Ledesma. Dan has successfully fought and settled multi million dollar cases. He was born and raised in Newark, New Jersey to immigrant parents from Cuba. He received a Bachelor of Arts degree from Boston College and received his Juris Doctor from The Washington College of Law at The American University in Washington D.C.  Dan was admitted to the Georgia Bar in November, 1993.  He is an active member of the Hispanic Chamber of Commerce, Georgia Trial Lawyers Association, Atlanta Bar Association and the Workers’ Compensation Section of the State Bar of Georgia. Dan is a founding member and Director of the Latino Victory Fund Georgia and serves on the Board of The Latin American Association. Dan has been dedicated to getting Latinos elected to local, state and Federal offices in Georgia. He has been a Big Brother through Big Brothers and Sisters of Metro Atlanta and a mentor through The Latin American Association’s mentor/mentee program. Dan is married with two children.