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Common Causes of Malpractice Litigation

Malpractice litigation involves a complex process. The question of whether or not an error constitutes malpractice depends on whether the patient is able to prove four legal elements which include professional duty and breach of this duty; harm resulted from the breach and damages that can be quantifiable.

Plaintiffs must also prove the elements using evidence, such as expert testimony and depositions.

Incorrect diagnosis and inability to diagnose

The inability of a doctor to diagnose an illness or injury could result in serious complications or even death. The misdiagnosis of a patient is a frequent cause of medical negligence. To prove negligence, the patient or their attorney must show that a competent physician under similar circumstances and in the same area would not have misdiagnosed the problem.

There are many misdiagnosis that could be considered malpractice lawyers, however. Even highly-trained and experienced doctors make mistakes. Therefore, a claim of malpractice must be backed by other elements, such as breach, proximate reason and actual injury. If a doctor does not sterilize his equipment prior the time he administers anesthesia, and the patient gets infected as a result of this, the doctor could be guilty.

In most cases, lawsuits that allege malpractice will be filed in the state trial court in which the alleged malpractice took place. Federal courts can however have jurisdiction in certain circumstances. For instance, a claim could be filed in federal court if it involves disputes over the time limit or when there is a substantial variety of citizenship among the parties involved in the case. Alternatively, some claims are settled through voluntary binding arbitration. This is a less formal process which involves professional decision makers and is intended to save costs, expedite legal proceedings and remove the possibility of excessively generous juries. However, arbitration is not accessible for all claims of malpractice.

Dosage of a drug that is incorrect

Medication errors, also known as medication mistakes, are one of the main causes of medical malpractice lawsuits. They can be caused by a physician prescribing the wrong medication or giving the wrong dosage to patients. These mistakes are usually preventable. In certain circumstances the hospital or its staff, pharmacist or other health care provider could be held responsible for the injuries of patients who were given the wrong dosage of medication.

A doctor may prescribe the wrong medication as a result of a misdiagnosis, or simply failing to read the prescription. A health professional can also give the wrong dosage due to a lapse in communication. For instance nurses may interpret a doctor's prescription incorrectly or a pharmacist could make an error when filling the prescription. In other cases the doctor could delay delivering the correct medication, which could result in the patient's health getting worse.

To prevail in a malpractice lawsuit, a victim must establish that the medical professional acted in breach of their standard of care, and that negligence directly caused their injuries. This requires the testimony of a medical expert. Moreover, a medical malpractice case must demonstrate the extent of the victim's injuries as well as the damages they suffered because of the negligence. This includes the cost of treatment and any lost wages. The more loss you suffer, the higher the value of the claim.

The wrong procedure

It's not likely that medical professionals could perform the incorrect procedure on a patient however, this kind of thing is quite common. A surgeon who commits this mistake can be held liable for negligence. However the patient who is injured by a surgical mistake can also be held accountable for any negligence that occurred during the way to the procedure.

Any health professional who is alleged to be negligent must prove that the patient was injured through a specific act or failure to act. To prove this the legal team of the patient must show that: (1) the doctor was bound by an obligation to provide treatment or treatment; (2) that the doctor breached the duty of care; (3) that there is a direct causal connection between the breach and the injury and (4) that the injury causes damages that the legal system is able to deal with.

A breach of duty of care has no significance unless it results in injury. This is the reason why medical malpractice cases are usually built on the legal principle "res ipsa locquitur," which states that certain injuries are so obvious that they can be explained only by negligence.

Depending on the facts of the situation, the plaintiff (the patient or their legally appointed representative) or their lawyer may bring the case in state or federal court. The majority of malpractice cases are filed in state court, however in certain situations medical malpractice lawsuits may be filed in federal district court.

Wrong Surgery

The wrong-site surgery is rare however, it could be a case of medical malpractice if the procedure is performed in the wrong place on your body. This type of error is often caused by miscommunications between the surgical team, or pressures on production that result in a surgeon having multiple surgeries scheduled at the same time. In these cases, the surgeon is not the only one with responsibility for a surgical error that is not performed correctly since there is a legal principle called "res ipsa loquitur" which means that the result of the error speaks for itself and cannot be traced to negligence.

If the patient is injured during an operation that was performed on the wrong site it is possible that the patient will need additional procedures to correct problems that were made worse by the error. This results in costly medical expenses for the patient and malpractice their families. This expense should be considered when calculating the financial impact of medical malpractice claims.

The majority of times surgeons are held accountable for surgical mistakes. They are responsible for malpractice preparing the patient for the procedure, as well as checking the medical records and chart of the patient, coordinating with the medical staff, and making sure that the incision was placed at the correct location. However, in some instances hospitals or anesthesiologists may also be held responsible. Medical malpractice lawsuits are usually filed in state courts, but in certain situations they may be transferred to federal court.