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Common Causes of Malpractice Litigation

The process of bringing a malpractice lawsuit is a complex procedure. The degree to which an error is malpractice based on the ability of the patient to prove four legal elements: a professional duty; breach of this duty; injury resulted from the breach and tangible 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 accurately diagnose a disease or injury can lead to grave complications, or even death. Many 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.

The misdiagnosis of a patient does not always mean malpractice. Even highly trained and experienced doctors make mistakes. Therefore, any claim of malpractice has to be supported by other factors like breach, proximate cause and actual injury. For instance, if a physician does not properly sterilize their equipment before administering anesthesia, and the patient develops an infection because of it the doctor may be guilty of malpractice.

In most instances, lawsuits claiming malpractice will be filed in the state trial court in which the alleged error occurred. Federal courts could be able to hear cases in certain situations. A claim can be brought before a federal court under certain circumstances. For example, it may involve an issue regarding the statute of limitations or when the parties are of different nationalities. Alternatively, some claims are resolved through binding arbitration that is voluntary. This is a less formal process that is governed by professional decision makers. It is designed to reduce costs, speed up legal process, and remove the risk that comes with large juries. Arbitration is not always available in cases of misconduct.

The wrong dosage of medication

Medication mistakes, also referred to as medication errors, are one of the most frequent causes of medical malpractice lawsuits. These errors are caused by a physician who writes prescriptions in the wrong format, or giving the patient the wrong dosage. These mistakes are usually avoidable. According to the situation the situation, a pharmacist, a hospital or other health care providers could be held responsible for the harm caused by patients who were given the wrong dosage of a drug.

A doctor can prescribe the wrong drug because of a misdiagnosis. Or, simply failing to read the prescription. A health professional could also administer the wrong dosage because of a glitch in communication. For example nurses might not read a doctor's prescription correctly or a pharmacist may fail to fill the prescription. In other cases the doctor could delay giving the correct medication, which can lead to the patient's condition getting worse.

In order to be successful in a malpractice lawsuit, a victim must show that the medical professional did not meet their standard of care, and that the negligence directly contributed to their injuries. This requires medical experts to be able to testify. Medical malpractice cases also must prove the extent and severity of the victim's injuries. This includes the cost of treatment as well as any lost wages. The greater person's losses are, the more valuable the claim will be.

Wrong Procedure

This kind of situation is not uncommon. It may seem impossible for medical professionals to perform the incorrect procedure on patients, but it does happen. A surgeon who commits the mistake could be held liable for negligence. However those who are injured as a result of a surgical error could also be held accountable for any negligence that occurred along the process.

Any health care professional who is alleged to be negligent must show that the patient was hurt due to a specific act or omission to act. To establish this the legal team of the patient must show: (1) that the doctor was required to provide treatment or care to the patient; (2) that he breached that duty; (3) that a causal link exists between the breach and the injury; and (4) the harm results in damages that which the legal system may address.

A breach of the duty of care is not relevant unless it causes injury, which is why medical malpractice lawyer claims are typically founded on a legal principle known as "res ipsa loquitur." This law states that, in the majority of cases certain injuries are obvious and evident that they can only be explained 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. The majority of malpractice cases are filed in state court, however under limited circumstances, a medical malpractice attorney lawsuit may be filed in federal district court.

Wrong Surgery

The wrong-site surgery is a common error, but it could be considered medical malpractice if the procedure is carried out on the wrong portion of the body. This type of error is usually caused by a lack of communication between the surgical team or pressures in the production process that result in the surgeon performing multiple surgeries scheduled at the same time. In these cases the surgeon isn't all-in on his responsibility for a surgical error that is not performed correctly because there is the legal principle known as "res ipsa loquitur" which means that the effect of the error speaks for itself and cannot be traced to negligence.

When a patient is injured as a result of surgery done on the wrong location the patient may require additional procedures to repair problems that are aggravated by the mistake. This leads to costly medical expenses for patients as well as their families. It is important to take these costs into consideration when calculating the financial burden of medical malpractice lawsuits.

The majority of times, surgeons are held responsible for surgical mistakes. They are responsible in preparing the patient prior to the procedure, checking the medical records and chart of the patient, communicating with the rest of the medical personnel, and ensuring that the incision was placed in the correct place. However, in certain instances a hospital or anesthesiologist may also be liable. Medical malpractice claims are generally filed in state court but may be transferred in certain circumstances to federal court.