Common Causes of Malpractice Litigation

The process of bringing a malpractice lawsuit is a complex procedure. The degree to which an error constitutes malpractice depends on whether the patient can prove four legal elements which include professional duty and breach of this duty; harm caused by the breach and damages that can be quantifiable.

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

The wrong diagnosis and the inability to recognize

Failure to correctly diagnose an injury or illness correctly can cause serious complications, or death. It is a typical reason for medical malpractice. To prove negligence, the patient or their attorney must demonstrate that a competent doctor in similar circumstances and in the same specialty would not have missed the diagnosis.

The misdiagnosis of a patient does not always mean negligence. Even highly trained and experienced doctors make mistakes, and a claim of malpractice must be supported by other elements such as breach, proximate causality and actual injury. If a doctor fails to sterilize his equipment prior to giving anesthesia and the patient is infected due to this, he could be liable.

The majority of lawsuits involving malpractice are filed in state trial courts, where the alleged error occurred. Federal courts can, however, have jurisdiction in certain circumstances. A claim can be brought before a federal court under certain circumstances. For example it could be the issue of the statute of limitations or when the parties are of different nationalities. In other cases, certain claims are settled through voluntary binding arbitration. This is a less formal procedure with professional decision makers. It is designed to cut costs, expedite legal proceedings and eliminate the possibility of excessively generous juries. Arbitration is not always available in cases of misconduct.

Dosage of a drug that is incorrect

Medication errors, also known as medication mistakes, are one of the main causes of medical malpractice lawsuits. They can be caused by a physician prescribing a prescription in error or giving the wrong dosage to a patient. These errors are often preventable. Based on the circumstances the hospital, its staff, a pharmacist or other health professionals could be held responsible for the injuries suffered by a patient who was given the wrong dosage of a drug.

A doctor may prescribe the wrong medication as a result of a misdiagnosis. Or, simply making a mistake in the prescription. A health care professional could also administer the wrong dosage because of an interruption in communication for example, when a nurse reads the handwritten prescription of a doctor incorrectly or the pharmacist commits an error in filling the prescription. In other instances the doctor may delay delivering the correct medication, which could cause the patient's condition to worsening.

In order to be successful in a malpractice lawsuit, a victim must prove that the medical professional violated their duty of care and that negligence directly caused the injuries. This requires medical experts to provide evidence. Moreover, malpractice lawsuit a medical malpractice case must demonstrate the extent of the injuries suffered by a victim and the damage they sustained as a result of the negligence. This includes the cost of treatment for the victim as well as any lost wages. The more money you lose of the claim, the greater the value of the claim.

Unskillful Procedure

It might seem unlikely for medical professionals to perform the incorrect procedure on a patient however, this kind of thing does occur. A surgeon who commits this error could be held accountable for malpractice. If a patient is injured because of an error during surgery may be held liable for any errors that occured during the procedure.

A medical professional accused of malpractice must demonstrate that the patient was injured because of an action or inability to take action. To prove this the legal team of the patient must demonstrate that: (1) the doctor was in the obligation to provide medical care or treatment; (2) that the doctor did not fulfill this duty; (3) that there is a direct causal connection between the breach and the injury and (4) that the injury causes damages that the legal system could deal with.

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

Depending on the facts of the case, the plaintiff (the patient or their legally appointed representative) or their lawyer may file the claim in federal or state court. The majority of malpractice cases are filed in state court, but under certain circumstances, a medical malpractice lawsuit can be filed in federal district court.

Wrong Surgery

The wrong-site surgery is rare but it can be considered medical malpractice if the procedure is performed in the wrong part 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 assigned multiple surgeries at the same time. In these instances the surgeon isn't alone in his or her liability for a wrong-site surgery because there is a legal rule known as "res ipsa loquitur" which means that the outcome of the error is evident and can be attributed to negligence.

If a patient gets injured during surgery that is performed on the wrong site the patient may require additional procedures to fix issues that were caused by the surgical mistake. This leads to costly medical expenses for patients as well as their families. It is crucial to take these costs into account when calculating the financial burden of medical malpractice claims.

Surgeons are most often found to be responsible for surgical mistakes because they are the individuals who are responsible for prepping for the operation by double-checking patient's chart and medical records, communicating effectively with the other members of the medical team, and making sure the incision is located at the correct location. In some cases the hospital or anesthesiologist can also be held liable. Medical malpractice cases are usually filed in state court but may be transferred in certain circumstances to federal court.