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Common Causes of Malpractice Litigation

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

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

Incorrect diagnosis or failure to diagnose

The inability of a doctor to correctly diagnose an illness or injury could result in serious complications or even death. Misdiagnosis is a common reason for medical malpractice attorneys. To prove negligence the patient or their attorney must demonstrate that a competent doctor under similar circumstances and working in the same specialty would not have misdiagnosed the problem.

Not every misdiagnosis is an error, but. Even highly experienced and trained doctors make mistakes. Therefore, a claim for malpractice must be backed up by other elements such as breach, proximate cause and actual injury. For instance, if a physician is not careful to sterilize their equipment prior to giving anesthesia to a patient and they develop an infection because of it the doctor could be found to be negligent.

In the majority of cases, lawsuits that allege malpractice will be filed in the state trial court where the malpractice was alleged to have occurred. However, federal courts could be able to handle cases in certain circumstances. For instance, a claim may be brought in federal court in the event of a dispute over a statute of limitations or when there is a substantial diversity of citizenship of the parties involved in the case. Some claims are settled by arbitration that is binding and voluntary. This is a less formal process that involves professional decision makers. It is designed to minimize expenses, speed up the legal proceedings, and eliminate the risk associated with overly large juries. Arbitration is not accessible in all cases of malpractice.

Wrong Drug Dosage

Medication errors, also referred as medication mistakes, are one of the leading causes of medical malpractice lawsuits. They can be the result of a doctor prescribing the wrong medication or delivering the wrong dose to the patient. These errors are usually preventable. According to the circumstances the hospital, its staff, a pharmacist or other health care provider may be held liable for the injuries suffered by a patient who was prescribed the wrong dose of medication.

A doctor might prescribe the wrong medication because of a misdiagnosis. Or, simply failing to read the prescription. A health care provider may also administer the wrong dose due to an inability to communicate for instance, when a nurse reads the doctor's handwritten prescription incorrectly or the pharmacist commits an error in filling the prescription. In other situations, a doctor could delay administering the correct medication to the patient, which could result in their condition worsening.

To prevail in an action for malpractice, a victim must demonstrate that the medical professional violated their standards of care and that their negligence directly led to the injuries. This requires medical experts to be able to testify. Moreover, a medical malpractice case must establish the severity of the victim's injuries and the damages they suffered as a result of the negligence. This includes the cost of treatment and any wage loss. The greater loss is and the greater the value of the claim will be.

The wrong procedure

It might seem unlikely that medical professionals would carry out the incorrect procedure on a patient however, this kind of thing occurs. A surgeon who commits this error could be held liable for malpractice. However, a patient who is injured by a surgical mistake can also be held accountable for any negligence that occurred the process.

Any health professional who is accused of misconduct must prove that the patient was injured by a specific action or failure to 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 can deal with.

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

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

Wrong Surgery

The wrong-site surgery is a common error, but it can be considered medical malpractice when the procedure is carried out on the wrong portion of the body. This type of error is usually the result of miscommunications between members of the surgical team, or due to production pressures that result in the surgeon performing several surgeries to perform at the same time. In these instances the surgeon is not solely accountable for a mistaken-site operation because of a legal principle known as "res ipsa locquitur" which states that the result speaks for itself and cannot be blamed on negligence.

When a patient is injured due to surgery performed on the wrong site and is injured, they may require additional procedures to fix problems caused due to the surgical error. Patients and their families are left with costly medical bills. It is crucial to take these costs into consideration when calculating the financial costs of medical malpractice lawsuits.

Surgeons are often accountable for surgical errors because they are the individuals who are responsible for prepping for the operation as well as double-checking the patient's charts and medical records, communicating effectively with other members of the medical team, and making sure that the incision is done at the correct place. In some cases, a hospital or anesthesiologist can also be held liable. Medical malpractice claims are generally filed in state court, however, they can be transferred under certain circumstances to federal court.