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Common Causes of Malpractice Litigation

Malpractice litigation is a tense process. Whether or not the error constitutes malpractice depends on whether the patient can prove four legal elements that include a professional obligation breach of this duty; harm resulting from the breach; and the possibility of quantifiable damages.

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

The wrong diagnosis and the inability to recognize

Failure to correctly diagnose an injury or illness accurately can result in serious complications, or death. Many medical malpractice cases result from incorrect diagnosis. To prove negligence the patient or their attorney must show that a competent doctor under similar circumstances and in the same field would not have missed the diagnosis.

A misdiagnosis is not always malpractice. Even experienced and highly trained doctors can make errors. Therefore, a claim for malpractice must be backed by other factors such as breach, proximate cause or actual injury. For instance, if a physician fails to properly sterilize their equipment prior to administering anesthesia and the patient develops an infection in the process, the doctor could be guilty of malpractice.

In most instances, lawsuits claiming that there was a mistake will be filed in the state trial court where the malpractice was alleged to have occurred. Federal courts could be able to hear cases in certain situations. A claim may be filed before a federal court under certain circumstances. For instance it could be an issue regarding the statute of limitations or when the parties have different citizenships. Additionally, some cases are settled through voluntary binding arbitration. This is a non-formal procedure that involves professional decision makers. It is designed to minimize expenses, speed up the legal process, and reduce the risks associated with large juries. Arbitration is not always available in cases of malpractice.

Wrong Drug Dosage

Medication errors--also called medication mistakes--are one of the most frequent causes of medical malpractice lawsuits. They can be caused by a physician writing a prescription incorrectly or delivering the wrong dose to a patient. These mistakes are often avoidable. In certain circumstances the hospital or its staff, a pharmacist or other health care providers could be held responsible for the harms suffered by patients who were given the wrong dosage of medication.

A doctor could prescribe the wrong medication because of a misdiagnosis or simply misreading the prescription. A health care professional may also prescribe the wrong dosage due to a failure in communication. For instance nurses might interpret a doctor's prescription incorrectly or a pharmacist could make an error when filling the prescription. In other cases, a doctor could delay the administration of the correct medication to the patient, resulting in their condition deteriorating.

A plaintiff must prove in order to prevail on a malpractice claim, that the medical professional violated their standards of practice and that their injuries were directly attributed to the negligence. This requires medical experts to testify. Medical malpractice cases also must prove the extent and severity of the victim's injuries. This includes the costs of treatment as well as any lost wages. The more loss you suffer is, the more valuable of the claim.

The wrong procedure

This kind of incident is not unusual. It may seem like a challenge for medical professionals to carry out the incorrect procedure on patients, but it does happen. The surgeon who makes this mistake can be held liable for negligence. However the patient who is injured by a surgical mistake could also be held responsible for any negligence that occurred the way to the procedure.

A health professional accused of negligence must prove that the patient was injured due to the specific act or inability to act. To prove this the legal team of the patient must prove that (1) the doctor was bound by the obligation to provide medical care or treatment; (2) that the doctor breached this duty; (3) that there is a direct causal connection between the breach and the injury; and (4) that the injury results in damages that the legal system could deal with.

A breach of duty of care is no meaning unless it result in injury. This is the reason medical malpractice cases are often based on the legal doctrine "res ipsa locquitur," which says that certain injuries are so obvious they can be explained only through negligence.

Based on the facts of the situation, the plaintiff (the patient or their legally designated representative) or their lawyer may file the claim in federal or state court. Most malpractice lawyers cases are filed in state court, however in certain situations the medical malpractice lawsuit could be filed in federal district court.

Wrong Surgery

The wrong-site surgery isn't common but it could be considered medical malpractice in the event that the procedure is carried out in the wrong location of your body. This kind of error is usually caused by miscommunication between the members of a surgical team or production pressure that leads to the surgeon being tasked with multiple surgeries at once. In these situations the surgeon is not solely responsible for a wrong-site operation because of the legal principle of "res ipsa locquitur" which says that the outcome speaks for itself and cannot be blamed on negligence.

If a patient is injured due to surgery performed on the wrong site it is possible that he or she will require additional treatments to correct problems caused by the surgical mistake. This can result in high medical expenses for patients and their families. These costs should be taken into consideration when calculating the financial consequences of medical malpractice law firms lawsuits.

Surgeons are often held accountable for surgical errors as they are the ones who are responsible for properly prepping for the operation and double-checking the patient's medical chart and medical records, communicating effectively with other members of the medical team, and making sure that the incision is located at the correct location. In certain instances the hospital or anesthesiologist can also be held liable. Medical malpractice claims are generally filed in state court, but they may be transferred under certain circumstances to federal court.