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Common Causes of Malpractice Litigation

The legal process for defending malpractice is a complex procedure. If a patient can prove four elements, it will decide whether or not the mistake is a case of malpractice. These are: a professional obligation or breach of that obligation; an injury that results from the breach; and quantifiable damages.

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

The wrong diagnosis or the inability to diagnose

The inability of a doctor to diagnose an illness or injury can lead to serious complications or even death. A lot of medical malpractice cases involve misdiagnosis. To prove negligence, a patient or their lawyer must prove that a qualified doctor in similar circumstances would not have misdiagnosed an illness.

There are many misdiagnosis that could be considered negligence, but. Even highly trained and experienced doctors make mistakes, and an allegation of malpractice needs to be supported by other factors such as breach, proximate cause and actual injury. If a physician fails to sterilize his equipment prior the time he administers anesthesia and the patient becomes infected as a result of this, the doctor may be held accountable.

Lawsuits alleging malpractice are typically filed in state trial courts where the alleged misconduct occurred. Federal courts could be able to hear cases in certain circumstances. A claim can be brought before a federal court under certain circumstances. For example, it may involve an issue regarding a statute of limitation or if the parties are of different nationalities. In other cases, certain claims are settled through voluntary binding arbitration. This is a less-formal process which involves professionals who make the decisions. It is designed to reduce costs, speed up legal process, and reduce the risk associated with overly generous juries. However, arbitration isn't accessible for all malpractice claims.

Dosage of a drug that is incorrect

Medication errors--also called medication mistakes--are one of the main causes of medical malpractice lawsuits. These errors are caused by a physician who writes prescriptions in a wrong format or giving the patient the incorrect dosage. These mistakes are often avoidable. In the event of an incident an individual pharmacy, hospital or other health care provider could be held responsible for injuries caused by a patient who received the wrong dose of a medication.

A doctor could prescribe wrong medication to a patient as a result of an incorrect diagnosis or simply because they misread the prescription. A health care provider can also administer the incorrect dosage due to a failure in communication. For example nurses might not read a doctor's prescription correctly or a pharmacist may make a mistake when filling the prescription. In other situations doctors may delay the administration of the correct medication to the patient, which could result in their condition deteriorating.

A person seeking compensation must prove, in order to win a malpractice claim, that the medical professional breached their professional standards and that their injuries were directly caused by the negligence. This requires medical expert testimony. A medical malpractice claim also must prove the severity and the damages caused by the victim's injuries. This includes the cost of treatment and any wage loss. Generally, the greater a loss is then, the more valuable the claim will be.

Wrong Procedure

This type of incident is not unusual. It might seem unattainable for medical professionals to perform the incorrect procedure on patients, but it's true. If a surgeon makes this error may be held liable for malpractice. However patients who are injured as a result of a surgical error may also be held liable for any negligence that occurred along the process.

A health care professional who is accused of malpractice attorney must demonstrate that the patient was injured due to a specific act, or failure to take action. To establish this, the legal team of the patient must show: (1) that the doctor was legally obligated to provide care or lawyers treat the patient; (2) that he breached that duty; (3) that a causal link exists between the breach and the injury and (4) the injury causes damages that the legal system can deal with.

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

Depending on the facts of the situation, the plaintiff (the patient or their legally appointed representative) or their attorney can file the claim in federal or state court. The majority of malpractice cases are filed in state court, however in certain situations the medical malpractice lawsuit may be filed in federal district court.

Wrong Surgery

The wrong-site surgery isn't common however, it could be a case of medical malpractice when the procedure is done in the wrong location of your body. This type of mistake is often caused by miscommunications between members of the surgical team, or by pressures on production that result in a surgeon having several surgeries to perform at the same time. In these instances the surgeon isn't solely accountable for a mistaken-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 an individual is injured in an operation that was performed on the wrong site the patient may need additional procedures to correct problems that were aggravated due to the error. This leads to costly medical expenses for patients as well as their families. These expenses should be considered when calculating the financial impact of medical malpractice claims.

Surgeons are often accountable for surgical errors because they are the ones who are responsible for properly preparing 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 that the incision has been done at the correct place. However, in some instances an anesthesiologist or a hospital could also be liable. Medical malpractice claims are generally filed in state court, but they may be transferred under certain circumstances to federal court.