Common Causes of Malpractice Litigation

Malpractice litigation is a complex procedure. If a person can prove four elements, it will determine whether or not the mistake is a case of malpractice. These are professional obligation in breach of this duty; a loss resulting from the breach; and measurable damages.

Plaintiffs must also prove these elements with evidence like expert testimony, depositions, or discovery.

Misdiagnosis or Failure to Diagnose

The inability of a doctor to diagnose an illness or injury can result in grave complications, or even death. It is a typical reason for medical negligence. To establish negligence, a patient or their lawyer must prove that a skilled doctor in similar circumstances would not have misdiagnosed the condition.

Misdiagnosis does not always constitute negligence. Even highly skilled and experienced doctors make mistakes. Therefore, any claim of malpractice has to be supported by other factors such as breach, proximate cause and actual injury. For example the case where a physician is not careful to clean their equipment prior the time they administer anesthesia and the patient suffers an infection as a result the doctor could be guilty of malpractice.

Lawsuits alleging malpractice are typically filed in state trial courts, where the alleged malpractice took place. However, federal courts could be able to hear cases in specific circumstances. A claim can be brought before federal court in certain circumstances. For instance it could be a dispute about the statute of limitations or if the parties are of different citizenships. In other cases, certain claims are resolved through binding arbitration that is voluntary. This is a less formal procedure that involves professional decision makers. It is designed to lower costs, speed up legal process, and malpractice lawsuits reduce the risks associated with large juries. Arbitration is not always available in cases of misconduct.

The wrong dosage of medication

Medication errors--also called medication mistakes--are among the most common causes of medical malpractice lawsuits. They can be the result of a doctor writing a prescription that is not correct or giving the wrong dosage to the patient. These mistakes are usually preventable. In certain circumstances, a hospital, its staff, a pharmacist or other health care provider could be held accountable for the injuries suffered by a patient who was given the wrong dose of medication.

A doctor can prescribe the wrong medication as a result of a misdiagnosis, or simply making a mistake in the prescription. A health professional could also administer the wrong dosage due to an inability to communicate like when nurses read the doctor's handwritten script in error or the pharmacist is mistaken in filling the prescription. In other instances, a physician might delay the administration of the correct medication to the patient, resulting in their condition becoming worse.

To be successful in a malpractice lawsuit, a victim must show that the medical professional did not meet their standard of care and that their negligence directly led to the injuries. This requires testimony from a medical expert. Moreover, a medical malpractice case must demonstrate the extent of the victim's injuries as well as the damages they suffered as a result of the negligence. This includes the cost of treatment as well as any lost wages. The more money you lose the greater the value of the claim.

Incorrect Procedure

This type of incident is not uncommon. It might seem unattainable for medical professionals to perform the wrong procedure on patients, however, it happens. A surgeon who commits the mistake could be held liable for negligence. However patients who are injured as a result of a surgical error could also be held responsible for any negligence that occurred during the way to the procedure.

Any health professional who is accused of negligence must show that the patient was harmed due to a specific act or inaction. To prove this the legal team of the patient has to prove: (1) that the doctor had a responsibility to provide treatment or care to the patient; (2) that he failed to fulfill his obligation; (3) that a causal link exists between the breach and injury and (4) the harm results in 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 why medical malpractice cases tend to be built on the legal principle "res ipsa locquitur" which says that certain injuries are so obvious they can only be explained by negligence.

Based on the circumstances depending on the facts, the plaintiff (the person who filed the claim or their legal representative) or their lawyer can decide to file a lawsuit in state or federal court. Most malpractice cases are filed in state court. However, in certain circumstances medical malpractice lawsuits can be filed in federal district court.

Wrong Surgery

Surgery performed on the wrong site is a very rare error, but it could be considered medical negligence if the procedure is performed on the wrong part of the body. This type of error is often caused by miscommunications between members of the surgical team, or by pressures on production that result in the surgeon performing multiple surgeries scheduled at the same time. In these situations, the surgeon is not all-in on his responsibility for a surgical error that is not performed correctly due to a legal rule known as "res ipsa loquitur" which means that the effect of the error is evident and cannot be attributed to negligence.

When a patient is injured by wrong-site surgery, he or she may require additional procedures to correct problems that are aggravated by the surgical error. This leads to costly medical bills for patients and their families. These expenses must be considered when calculating the financial impact of medical malpractice claims.

The majority of times, surgeons are held responsible for surgical mistakes. They are responsible to prepare the patient for the procedure, examining the medical records and chart of the patient, communicating with the medical staff, and making sure that the incision was placed in the proper location. However, in certain instances an anesthesiologist or a hospital could also be liable. Medical malpractice claims are generally filed in state courts, but under certain circumstances they may be transferred to federal court.