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Common Causes of Malpractice Litigation

Malpractice litigation is a complicated process. If a patient is able to prove four elements, it will determine whether or not the mistake is a case of malpractice. These are professional obligation; a breach of that duty; an injury resulting from the breach; and measurable damage.

Plaintiffs must also demonstrate these elements with evidence such as expert testimony, depositions, and discovery.

Undiagnosed or Incorrectly Diagnosed

Failure to identify an illness or injury accurately can lead to serious complications, or death. Misdiagnosis is a common reason for medical negligence. To prove negligence, the patient or their attorney must demonstrate that a competent doctor under similar circumstances and working in the same area would not have misdiagnosed the condition.

It is not always a case of negligence, but. Even highly skilled and experienced doctors make mistakes, therefore any claim of malpractice has to be backed by other elements like breach, proximate causation and actual injury. If a doctor does not sterilize his equipment prior the time he administers anesthesia, and the patient becomes infected because of this, the doctor might be liable.

In the majority of instances, lawsuits claiming malpractice will be filed in the state trial court in which the alleged error occurred. Federal courts could, however, have jurisdiction in certain situations. For example, a claim could be filed in federal court in the event of disputes over the statute of limitations or malpractice lawsuits in the event of a significant difference in citizenship among the parties to the case. Certain disputes are settled through binding arbitration. This is a less formal procedure that is governed by professional decision makers. It is designed to minimize expenses, speed up the legal process, and remove the risk that comes with large juries. Arbitration is not accessible in all cases of misconduct.

Wrong Drug Dosage

Medication mistakes, also referred to as medication errors, are one of the main causes of medical malpractice lawsuits. These errors are caused by a doctor who has submitted prescriptions in the wrong format or giving the patient the incorrect dosage. These mistakes are usually preventable. In certain circumstances, a hospital or its staff, a pharmacist or other health care professionals could be held responsible for the injuries sustained by the patient who received the wrong drug dosage.

A doctor could prescribe incorrect medication to a patient as a result of an inaccurate diagnosis or simply due to a misreading of the prescription. A health professional can also give the wrong dosage due to a failure in communication. For example nurses might interpret a doctor's prescription incorrectly or a pharmacist may have a mistake while filling the prescription. In other situations doctors may delay the administration of the correct medication to the patient, which could result in their condition becoming worse.

To win a malpractice lawsuit, a victim must prove that the medical professional did not meet their standard of care, malpractice Lawsuits and that the negligence directly caused their injuries. This requires medical experts to be present. Additionally, a medical malpractice case must establish the severity of the victim's injuries and the damage they sustained as a result of the negligence. This includes the cost of treatment as well as any wage loss. The greater person's losses are, the more valuable the claim will be.

Wrong Procedure

It might seem unlikely that medical professionals would perform the wrong procedure on a patient but this type of incident occurs. A surgeon who commits the mistake could be held liable for malpractice. However, a patient who is injured by a surgical mistake could also be held responsible for any negligence that occurred during the path to the procedure.

Any health care professional who is accused of malpractice must prove that the patient was injured due to a specific act or failure to act. To establish this the legal team representing the patient must prove: (1) that the doctor was legally obligated to treat or provide care to the patient; (2) that he failed to fulfill his obligation; (3) that a causal connection exists between the breach and the injury and (4) the injury causes damages that the legal system could address.

A breach of the duty of care is meaningless unless it causes injury which is the reason medical malpractice claims are typically founded on a legal principle known as "res ipsa loquitur." This law states that, in a majority of cases certain injuries are so obvious and evident 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 attorney may decide to file the case in either state or federal court. The majority of malpractice cases are filed in state court. However, in certain circumstances medical malpractice lawsuits may be filed in federal district court.

Wrong Surgery

A wrong-site procedure is a rare error, but it could be considered medical malpractice when the procedure is performed on the wrong part of the body. This kind of error is usually the result of miscommunication between members of a surgical team or production pressure that results in a surgeon being assigned multiple surgeries at one time. In these instances the surgeon is not solely accountable for a mistaken-site operation because of the legal principle known as "res ipsa locquitur", which states that the result speaks for itself and cannot be blamed on negligence.

If the patient is injured during an improper procedure the patient may need additional procedures to correct problems that were exacerbated due to the error. Patients and their family members are left with hefty medical bills. It is important to keep these costs in mind when calculating the financial cost of medical malpractice claims.

Most often surgeons are accountable for surgical mistakes. They are responsible for preparing the patient for surgery, reviewing the medical records and charts of the patient, coordinating with the medical personnel, and ensuring that the incision was placed at the correct location. In some cases, a hospital or anesthesiologist can also be held liable. Medical malpractice lawsuits are usually filed in state courts, however, under certain circumstances they may be transferred to federal courts.