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 whether the patient is able to prove four legal elements which include professional duty breach of this duty; harm due to the breach and the possibility of quantifiable damages.

Plaintiffs must prove these elements through evidence such as expert testimony, depositions, and discovery.

Misdiagnosis or Failure to Diagnose

A physician's inability to correctly diagnose an illness or injury could lead to serious complications or even death. Misdiagnosis is a common cause of medical negligence. To prove negligence the patient or their lawyer must demonstrate that a competent doctor under similar circumstances and in the same area would not have misdiagnosed the problem.

Misdiagnosis doesn't always mean negligence. Even the most experienced and highly trained doctors make mistakes. Therefore, the claim of malpractice must be backed by other elements such as breach, proximate causality and actual injury. If a physician fails to sterilize his equipment prior to giving anesthesia, and the patient is infected due to this, the doctor could be found to be negligent.

Lawsuits alleging malpractice are typically filed in state trial courts, where the alleged error occurred. Federal courts could, however, have jurisdiction in certain circumstances. A case may be brought before federal court in certain circumstances. For instance, it may involve disputes over the statute of limitations or when the parties have different citizenships. Some claims can be resolved through binding arbitration that is voluntary. This is a less formal process with professional decision makers. It is designed to cut costs, speed up legal proceedings, and eliminate the risk of overly generous juries. Arbitration is not available in all cases of misconduct.

The wrong dosage of medication

Medication errors--also called medication mistakes--are one of the most frequent causes of medical malpractice lawsuits. They can be caused by a physician writing a prescription that is not correct or administering the wrong dosage to the patient. These errors are typically preventable. Based on the circumstances the situation, a pharmacist, a hospital or other health care providers could be held responsible for injuries caused by patients who were given the wrong dose of a drug.

A doctor could prescribe the wrong medication to a patient because of an incorrect diagnosis or simply due to a misreading of the prescription. A health care professional may also administer the incorrect dosage due to a lapse in communication. For instance, a nurse may read a doctor's script incorrectly or a pharmacist could make a mistake when filling the prescription. In other cases, the physician may delay giving the correct medication, which can cause the patient's illness to worsening.

To win a malpractice lawsuit - source web page -, a victim must demonstrate that the medical professional breached their standard of care and that negligence directly caused the injuries. This requires testimony from a medical expert. Medical malpractice cases also must prove the extent and the damages caused by the victim's injuries. This includes the cost of treatment and any lost wages. The more the loss, the higher the value of the claim.

The wrong procedure

This type of incident is not unusual. It may seem impossible for medical professionals to carry out the incorrect procedure on patients but it's true. A surgeon who commits this kind of error could be held responsible for negligence. However, a patient who is injured as a result of a surgical error could also be held responsible for any negligence that occurred on the way to the procedure.

A health professional accused of malpractice must prove that the patient was injured as a result of an action or failure to perform the act. To establish this the legal team representing the patient must demonstrate that: (1) the doctor was bound by the obligation to provide medical care or treatment; (2) that the doctor did not fulfill this duty; (3) that there is a direct and causal connection between the breach and the injury and (4) that the injury causes damages that the legal system could be able to address.

A breach of the duty of care has no significance unless it causes injury which is the reason medical malpractice lawsuits are generally made based on a law called "res ipsa loquitur." This law states that, in a lot of instances, certain injuries are so evident and obvious that they cannot be explained except by negligent actions.

Based on the circumstances the plaintiff (the person who filed the claim, or their legal representative) or their lawyer may decide to file the claim in either state or federal court. The majority of malpractice cases are filed in state courts, however under certain circumstances, a medical malpractice lawsuit could be filed in federal district court.

Wrong Surgery

The procedure that is performed on the wrong site is not common, but can be considered medical malpractice when the procedure is performed in the wrong part of your body. This type of mistake is usually caused by miscommunications between members of the surgical team, or due to production pressures that lead to the surgeon performing multiple surgeries at once. In these cases the surgeon is not solely responsible for an incorrect-site operation due to the legal principle of "res ipsa locquitur" which says that the outcome speaks for itself and cannot be attributed to negligence.

If someone is injured during a wrong-site procedure the patient may require additional procedures in order to correct problems that were made worse by the error. This could result in expensive medical bills for patients and their families. It is crucial to take these costs into account when calculating the financial costs of medical malpractice claims.

Surgeons are typically found to be responsible for surgical mistakes because they are the ones who are accountable for prepping for the operation and double-checking the patient's medical chart and medical records, coordinating effectively with the other members of the medical team, and making sure the incision is made on the correct site. In some cases, a hospital or anesthesiologist could also be held accountable. Medical malpractice claims are typically filed in state courts, but they may be transferred under certain circumstances to federal court.