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Common Causes of Malpractice Litigation

Malpractice litigation is a complex procedure. The question of whether or not the error constitutes malpractice depends on whether the patient is able to establish four legal elements such as a professional duty and breach of this duty; injury due to the breach and damages that can be quantifiable.

Plaintiffs must prove these elements through evidence like expert testimony, depositions, and discovery.

The wrong diagnosis or the inability to diagnose

Failure to identify an injury or illness accurately can result in serious complications, or even death. Many medical malpractice cases involve mistakes in diagnosis. To prove negligence, a patient or their lawyer must prove that a skilled doctor in similar circumstances would not have misdiagnosed an illness.

Misdiagnosis doesn't always mean negligence. Even experienced and highly trained doctors are not immune to mistakes. Therefore, a claim of malpractice has to be supported with other elements, such as breach, proximate cause and actual injury. For instance when a doctor does not properly clean their equipment prior the time they administer anesthesia and the patient develops an infection as a result the doctor could be liable for malpractice.

In most instances, lawsuits claiming that there was a mistake will be filed in the state trial court in which the alleged error occurred. However, federal courts may be able to hear cases in specific circumstances. A case can be brought before federal court in certain circumstances. For instance, it may involve an issue regarding the statute of limitations or when the parties have different citizenships. Certain disputes are settled via arbitration that is binding and voluntary. This is a less formal process that involves professionals who make the decisions. It is designed to cut costs, expedite legal proceedings and remove the possibility of excessively generous juries. However, arbitration is not available for all claims of malpractice.

Dosage of a drug that is incorrect

Medication mistakes, also referred to as medication errors, are among the most common causes of medical malpractice lawsuits. These errors could be caused by a doctor writing prescriptions in a wrong format or giving the patient the incorrect dosage. These mistakes are usually avoidable. In the event of an incident the situation, a pharmacist, a hospital or other health care providers could be held responsible for the injuries caused by patients who were given the wrong dosage of a drug.

A doctor may prescribe the wrong medicine because of a misdiagnosis or by simply misreading the prescription. A health care professional could also prescribe the wrong dose due to an issue with communication, such as when nurses read a doctor's handwritten script incorrectly or the pharmacist makes an error in filling out the prescription. In other instances doctors may delay the administration of the correct medication to the patient, which could result in their condition becoming worse.

A person seeking compensation must prove, in order to win a malpractice lawsuit, that the medical professional violated their professional standards and that their injuries were directly caused by the negligence. This requires medical expert testimony. Medical malpractice cases also must prove the severity and damages of the victim's injuries. This includes the cost of treatment and any lost wage. The greater person's losses are, the more valuable the claim will be.

Incorrect Procedure

It might seem unlikely that medical professionals could perform the wrong procedure on a patient however, this type of event occurs. If a surgeon makes this kind of error could be held to be liable for malpractice. Patients who are injured due to an error in surgery could be held liable for any error that occurred during the procedure.

Any health care professional who is accused of malpractice must show that the patient was harmed due to a specific act or inaction. To prove this the legal team of the patient must prove that (1) the doctor was in an obligation to provide treatment or treatment; (2) that the doctor did not fulfill this duty; (3) that there is a direct causal relationship between the breach and the injury and (4) that the injury results in damages which the legal system has the power to deal with.

A breach of the duty of care has no significance unless it causes injury which is the reason medical malpractice lawsuits are generally based on a legal doctrine called "res ipsa loquitur." This law says that, in many instances certain injuries are so obvious and unmistakable that they are only explained by negligent actions.

Depending on the facts of the case, the plaintiff (the patient or their legally designated representative) or their attorney could present the claim to state or federal court. Most malpractice cases are filed in state court, however under limited circumstances medical malpractice lawsuits can be filed in federal district court.

Wrong Surgery

The wrong-site procedure is rare but it could be considered medical malpractice when the procedure is done in the wrong part of your body. This type of error usually occurs as the result of miscommunication between the members of a surgical team or production pressure that leads to an individual surgeon being assigned multiple surgeries at once. In these instances the surgeon isn't solely accountable for a mistaken-site procedure because of the legal principle of "res ipsa locquitur" which states that the outcome is a matter of fact and cannot be blamed on negligence.

If a patient is injured during an operation that was performed on the wrong site and is injured, they may require additional procedures to rectify problems that were made worse by the error. This can result in high medical expenses for patients and their families. These expenses should be taken into consideration when calculating the financial consequences of medical malpractice claims.

Surgeons are most often found to be responsible for surgical mistakes since they are the ones who are responsible for prepping for the operation as well as double-checking the patient's charts and medical records, coordinating effectively with the other members of the medical team and making sure the incision is located at the correct location. However, in some instances an anesthesiologist or a hospital could also be accountable. Medical malpractice claims are usually filed in state courts, but under certain circumstances, they can be transferred to federal courts.