Common Causes of Malpractice Litigation

Malpractice litigation involves a complex procedure. If a patient is able to prove four elements, it will be able to determine whether or not the error is malpractice. These are: a professional obligation and a breach of that duty; an injury resulting from this breach; and measurable damage.

Plaintiffs must also prove these elements by presenting evidence like expert testimony, depositions, and discovery.

Incorrect diagnosis and inability to diagnose

Inability to recognize an injury or illness correctly can lead to serious complications, or even death. A lot of medical malpractice cases involve mistakes in diagnosis. To prove negligence, the patient or their lawyer must demonstrate that a competent physician under similar circumstances and working in the same field would not have misdiagnosed the condition.

A misdiagnosis is not always malpractice. Even highly skilled and experienced doctors can make mistakes. Therefore, any claim of malpractice must be backed by other factors, such as breach, proximate reason and actual injury. For example, if a physician does not properly sterilize their equipment prior to giving anesthesia and the patient suffers an infection in the process the doctor may be guilty of malpractice.

In most cases, lawsuits that allege malpractice will be filed in the state trial court where the alleged misconduct occurred. However, federal courts could be able to handle cases in certain circumstances. A claim can be brought before a federal court under certain circumstances. For instance it could involve the issue of the statute of limitations or when the parties have different citizenships. Additionally, some cases are settled through voluntary binding arbitration. This is a less formal procedure which involves professional decision makers and is intended to save costs, speed up legal proceedings, and eliminate the risk of overly generous juries. Arbitration is not accessible in all cases of malpractice.

Dosage of a drug that is incorrect

Medication errors--also called medication mistakes--are one of the main causes of medical malpractice lawsuits. They can result from a doctor prescribing the wrong medication or giving the wrong dosage to the patient. These mistakes are usually preventable. According to the circumstances the pharmacy, hospital or other health care provider could be held responsible for injuries caused by an individual who took the wrong dosage of a drug.

A doctor could prescribe the wrong drug because of a misdiagnosis or simply failing to read the prescription. A health professional may also prescribe the wrong dosage due to a breakdown in communication for instance, when the nurse reads the doctor's handwritten prescription incorrectly or the pharmacist makes a mistake in filling out the prescription. In other cases doctors may delay administering the correct medication to the patient, resulting in their condition becoming worse.

A person who suffers from a medical malpractice claim must prove, in order to win a malpractice lawsuit that the medical professional violated their standard of practice and that their injuries were directly caused by the negligence. This requires medical experts to provide evidence. In addition, a medical mishap case must demonstrate the extent of the injuries suffered by a victim and the damages they suffered because of the negligence. This includes the costs of treatment as well as any wages lost. In general, the greater a loss is in the greater value of the claim will be.

The wrong procedure

This type of incident is not unusual. It might seem impossible for medical professionals to perform the incorrect procedure on patients but it's true. A surgeon who makes this mistake could be held liable for malpractice. Patients who are injured because of a surgical error may be held responsible for any errors that occured during the procedure.

Any health professional who is accused of malpractice must prove that the patient was hurt by a specific act or failure to act. To establish this, the patient's legal team must demonstrate that: (1) the doctor was under an obligation to provide care or treatment; (2) that the doctor breached this duty; (3) that there is a direct and causal connection between the breach and the injury; and (4) that the injury causes damages that the legal system could be able to address.

A breach of the duty of care is insignificant unless it causes injury, which is the reason medical malpractice claims are typically founded on a legal principle called "res ipsa loquitur." This law states that, in many instances, certain injuries are so evident and obvious that they can only be explained through negligent actions.

Depending on the facts, the plaintiff (the person who filed the claim or their legal representative) or their lawyer may decide to file the claim in federal or state court. Most malpractice cases are filed in state court. However, under limited circumstances, a medical malpractice attorney lawsuit can be brought in federal district court.

Wrong Surgery

The wrong-site surgery isn't common but it could be considered medical malpractice if the procedure is performed in the wrong part of your body. This type of error is usually caused by miscommunication between members of a surgical team, or production pressure that leads to the surgeon being tasked with multiple surgeries at one time. In these cases the surgeon is not solely responsible for a wrong-site operation because of the legal principle known as "res ipsa locquitur", which states that the outcome is a matter of fact and cannot be blamed on negligence.

If a patient gets injured as a result of surgery done on the wrong location and is injured, they may require additional procedures to fix issues that were caused by the surgical mistake. This results in costly medical expenses for patients and their families. These expenses must be taken into consideration when calculating the financial impact of medical malpractice lawsuits.

Surgeons are most often held liable for surgical errors because they are the individuals who are responsible for prepping for the operation, double-checking the patient's chart and medical records, communicating effectively with the other members of the medical team, and making sure that the incision is made on the correct site. However, in certain instances a hospital or anesthesiologist may also be accountable. Medical malpractice claims are generally filed in state courts, however, in certain situations, they can be transferred to federal courts.