Common Causes of Malpractice Litigation

Malpractice litigation is a complicated procedure. If an error constitutes malpractice lawsuit depends on whether the patient can establish four legal elements that include a professional obligation and breach of this duty; harm resulting from the breach; and the possibility of quantifiable damages.

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

Incorrect diagnosis and inability to diagnose

The failure of a physician to accurately diagnose a disease or injury could lead to grave complications, or even death. Misdiagnosis is a common cause of medical malpractice. To establish negligence, a patient or their lawyer must prove that a seasoned doctor in similar circumstances would not have misdiagnosed the condition.

Not every misdiagnosis is negligence, but. Even the most experienced and highly trained doctors make mistakes. Therefore, a claim of malpractice must be supported by other factors such as breach, proximate causation, and actual injury. If a doctor fails sterilize his equipment prior to administering anesthesia, and the patient is infected because of this, the doctor may be held accountable.

Lawsuits alleging malpractice are typically filed in state trial courts, where the alleged malpractice took place. Federal courts can be able to hear cases in certain circumstances. For instance, a lawsuit may be brought in federal court in the event of the interpretation of the time limit or in the event of a significant variety of citizenship among those involved in the dispute. Certain claims are settled through arbitration that is binding and voluntary. This is a less formal procedure that involves professionals who make the decisions. It is designed to cut costs, expedite legal proceedings, and eliminate the possibility of excessively generous juries. Arbitration is not accessible in all cases of malpractice.

The wrong dosage of medication

Medication errors are one of the most frequent causes of medical malpractice lawsuits. These errors could be caused by a doctor writing prescriptions in a wrong format or giving the patient the wrong dosage. These mistakes are usually avoidable. In the event of an incident, a pharmacy, a hospital or other health care providers could be held responsible for the harm caused by patients who were given the wrong dose of a medication.

A doctor could prescribe the wrong drug because of a misdiagnosis. Or, simply not understanding the prescription correctly. A health professional could also prescribe the wrong dosage due to an inability to communicate for instance, when a nurse reads the handwritten prescription of a doctor incorrectly or the pharmacist commits an error in filling out the prescription. In other instances doctors may delay in administering the correct medication to the patient, resulting in their condition worsening.

A victim must prove, to be successful in a malpractice claim that the medical professional violated their standards of practice and that their injuries were directly caused by the negligence. This requires medical experts to testify. A medical malpractice claim also must prove the severity and the damages caused by the victim's injuries. This includes the cost of treatment as well as any wage loss. The greater person's losses are and the greater the value of the claim will be.

Incorrect Procedure

This kind of situation is not uncommon. It may seem like a challenge for medical professionals to perform the incorrect procedure on patients, however, it is a reality. A surgeon who makes this mistake can be held accountable for malpractice. A patient who is injured due to an error during surgery can be held liable for any negligence that occurred during the procedure.

A health professional accused of negligence must prove that the patient was injured because of the specific act or failure to take action. To establish this, the legal team of the patient has to prove: (1) that the doctor was required to care for or treat the patient; (2) that he failed to fulfill his obligation; (3) that a causal connection exists between the negligence and injury; and (4) the injury results in damages the legal system can address.

A breach of the duty of care is meaningless unless it causes injury, which is the reason medical malpractice lawsuits are generally built on a legal concept known as "res ipsa loquitur." This law says that, in many instances certain injuries are evident and obvious that they can only be explained by negligent acts.

Depending on the circumstances of the case, the plaintiff (the patient or their legally designated representative) or their attorney can make the claim in a federal or state court. The majority of malpractice cases are filed in state court. However, in certain situations medical malpractice lawsuits could be filed in federal district court.

Wrong Surgery

The wrong-site surgery isn't common, but can be considered medical malpractice when the procedure is done in the wrong area of your body. This type of error usually occurs as the result of 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 cases the surgeon isn't the only one with responsibility for a surgical error that is not performed correctly because there is an underlying legal principle referred to as "res ipsa loquitur" which means that the consequence of the error speaks for itself and can be attributed to negligence.

If a patient is injured during an improper procedure it is possible that the patient will require additional procedures to fix issues that were caused by the mistake. This could result in expensive medical bills for patients and their families. These expenses must be considered when calculating the financial impact of medical malpractice lawsuits.

The majority of times, surgeons are held responsible for surgical errors. They are responsible in preparing the patient for surgery, reviewing the medical records and charts of the patient, coordinating with the rest of the medical staff, and ensuring that the incision was made in the correct place. In some cases hospitals or anesthesiologists may also be held responsible. Medical malpractice cases are typically filed in state courts, however, under certain circumstances, they can be transferred to federal court.