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Common Causes of Malpractice Litigation

Malpractice litigation involves a complex process. The question of whether or not an error is considered to be malpractice is dependent on whether the patient is able to establish four legal elements that include a professional obligation and breach of this duty; injury resulted from the breach and quantifiable damages.

Plaintiffs must be able to prove the elements using evidence, such as expert testimony and depositions.

Undiagnosed or Incorrectly Diagnosed

The inability of a doctor to accurately diagnose a disease or injury could result in grave complications, or even death. A lot of medical malpractice cases involve mistaken diagnosis. To prove negligence the patient or their lawyer must demonstrate that a competent doctor in similar circumstances and in the same specialty would not have misdiagnosed the condition.

Misdiagnosis doesn't always mean negligence. Even highly trained and experienced doctors make mistakes, therefore any claim of malpractice has to be supported by other elements such as breach, proximate causality and actual injury. If a doctor fails sterilize his equipment before administering anesthesia and the patient gets infected because of this, the doctor may be held accountable.

Lawsuits that claim malpractice are usually filed in state trial courts, where the alleged malpractice took place. Federal courts can be able to hear cases in certain instances. A claim may be filed before a federal court under certain circumstances. For instance it could involve an issue regarding the statute of limitations or when the parties are of different nationalities. Some claims can be resolved through binding arbitration that is voluntary. This is a less-formal process that is governed by professional decision makers. It is designed to cut costs, expedite the legal proceedings, and eliminate the risks associated with generous juries. However, arbitration isn't accessible for all malpractice claims.

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. They can result from a doctor writing a prescription that is not correct or giving the wrong dosage to patients. These mistakes are often avoidable. In the event of an incident the pharmacy, hospital or other health care providers could be held accountable for the harm caused by an individual who took the wrong dose of a medication.

A doctor might prescribe the incorrect medication to a patient because of an incorrect diagnosis or simply due to a misreading of the prescription. A health professional could also prescribe the wrong dose due to a breakdown in communication for example, when nurses read the doctor's handwritten script in error or the pharmacist commits an error in filling the prescription. In other situations, a physician might delay in administering the correct medication to the patient, which could result in their condition becoming worse.

To be successful in a malpractice lawsuit, a victim must prove that the medical professional breached their standards of care and that negligence directly caused their injuries. This requires testimony from a medical expert. In addition, a medical mishap case must demonstrate the extent of the victim's injuries and the damages they suffered as a result of the negligence. This includes the cost of treatment as well as any lost wage. The greater person's losses are then, the more valuable the claim will be.

Unskillful Procedure

It might seem unlikely for medical professionals to perform the incorrect procedure on a patient but this type of mishap does occur. The surgeon who makes this mistake can be held accountable for negligence. A patient who is injured as a result of an error in surgery could be held liable for any error that occurred during the procedure.

A health professional accused of malpractice must demonstrate that the patient was injured due to an act or failure to act. To establish this the legal team representing the patient must show: (1) that the doctor was obligated to treat or provide care to the patient; (2) that he breached that duty; (3) that a causal connection exists between the breach and the injury; and (4) the injury results in damages the legal system could address.

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

Based on the circumstances depending on the facts, the plaintiff (the person who filed the claim or their legal representative) or their attorney may choose to file either in state or federal court. The majority of malpractice cases are filed in state courts, but in certain circumstances, a medical negligence lawsuit can be brought to federal district court.

Wrong Surgery

Surgery performed on the wrong site is a very rare error, but it may be considered medical malpractice when the procedure is performed on the wrong side of the body. This kind of error is usually caused by a lack of communication between the surgical team, or production pressures that result in a surgeon having multiple surgeries scheduled at the same time. In these situations the surgeon isn't the only one with liability for a wrong-site surgery since there is the legal principle known as "res ipsa loquitur" which means that the consequence of the error speaks for itself and cannot be attributed to negligence.

If a patient is injured during surgery that is performed on the wrong site and is injured, they may require additional procedures to fix problems that are aggravated by the surgical mistake. Patients and their families are left with expensive medical bills. It is important to take these costs into consideration when calculating the financial cost of medical malpractice claims.

The majority of times surgeons are held accountable for surgical mistakes. They are accountable to prepare the patient for surgery, reviewing the medical records and chart of the patient, coordinating with the medical team, and ensuring that the incision was placed in the proper location. In some instances, an anesthesiologist or a hospital could also be held responsible. Medical malpractice cases are typically filed in state courts. However, in certain situations they may be transferred to federal courts.