Common Causes of Malpractice Litigation

Malpractice litigation involves a complex process. If a patient is able to prove four elements, it will decide whether or not the error is a case of malpractice. These are: a professional obligation; a breach of that obligation; a repercussion from the breach; and quantifiable damage.

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

Misdiagnosis and Failure to Diagnose

Failure to diagnose an illness or injury accurately could lead to serious complications, or even death. A large number of medical malpractice cases involve misdiagnosis. To prove negligence, a person or their lawyer must prove that a skilled doctor in similar circumstances would not have misdiagnosed the condition.

Misdiagnosis doesn't always mean malpractice. Even highly skilled and experienced doctors make mistakes, and an allegation of malpractice needs to be supported by other elements like breach, proximate causation and actual injury. If a doctor does not sterilize his equipment prior the time he administers anesthesia, and the patient gets infected because of this, the doctor might be found to be negligent.

In the majority of cases, lawsuits alleging malpractice will be filed in the state trial court in which the malpractice was alleged to have occurred. However, federal courts could have jurisdiction in certain situations. For instance, a lawsuit could be filed in federal court in the event of disputes over a statute of limitations or when there is a significant diversity of citizenship of the parties involved in the case. Some claims are settled by arbitral arbitration, which is a binding process. This is a less formal process that involves professional decision makers. It is designed to cut costs, speed up legal process, and reduce the risks associated with large juries. However, arbitration isn't available for all claims of malpractice.

The wrong dosage of medication

Medication mistakes, also referred to as medication errors, are one of the most common causes of medical malpractice lawsuits. These errors could be caused by a physician submitting prescriptions in a wrong format or giving the patient the incorrect dosage. These errors are typically preventable. According to the circumstances the pharmacy, hospital or other health care provider could be held responsible for the harm caused by patients who were given the wrong dosage of a medication.

A doctor may prescribe the wrong medicine because of a misdiagnosis. Or, simply making a mistake in the prescription. A health care provider may also prescribe the wrong dosage due to an inability to communicate, such as when a nurse reads the doctor's handwritten prescription incorrectly or the pharmacist is mistaken in filling out the prescription. In other instances doctors may 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 prove that the medical professional breached their standard of care, and that the negligence directly contributed to their injuries. This requires testimony from a medical expert. In addition, a medical mishap case must prove the extent of the victim's injuries and the damages they sustained because of the negligence. This includes the cost of treatment and any lost wages. The more loss you suffer is, the more valuable of the claim.

Wrong Procedure

This kind of incident is not unusual. It may seem like a challenge for medical professionals to perform the wrong procedure on patients, however, it happens. A surgeon who makes the mistake could be held accountable for negligence. However, a patient who is injured due to a surgical error could also be held responsible for any negligence that occurred on the way to the procedure.

A health care professional who is accused of malpractice must demonstrate that the patient was injured due to the specific act or failure to take action. To establish this the legal team representing the patient must show that: (1) the doctor was bound by a duty to provide care or treatment; (2) that the doctor did not fulfill this duty; (3) that there is a direct causal link between the breach and the injury and (4) that the injury results in damages that the legal system can be able to address.

A breach of the duty of care is insignificant unless it causes injury this is why medical malpractice claims are usually founded on a legal principle called "res ipsa loquitur." This law states that, in a majority of cases, certain injuries are so obvious and unmistakable that they cannot be explained except by negligent actions.

Depending on the facts the plaintiff (the person who filed the claim, or their legal representative) or their lawyer may decide to file the case in federal or state court. The majority of malpractice law firms cases are filed in state court. However, in certain circumstances medical malpractice lawsuits could be filed in federal district court.

Wrong Surgery

The wrong-site procedure is rare but it can be considered medical malpractice when the procedure is performed in the wrong place on your body. This kind of error usually occurs as caused by miscommunication between the members of a surgical team or production pressure that results in an individual surgeon being assigned multiple surgeries at the same time. In these cases the surgeon isn't alone in his or her responsibility for an incorrect-site procedure since there is a legal rule known as "res ipsa loquitur" which means that the outcome of the error speaks for itself and can be attributed to negligence.

If an individual is injured in a wrong-site procedure it is possible that the patient will require additional procedures in order to correct problems that were aggravated by the error. This results in costly medical expenses for the patient and their families. It is crucial to take these costs into account when calculating the financial cost of medical malpractice lawsuits.

Most often surgeons are liable for surgical errors. They are responsible for preparing the patient for the procedure, as well as checking the medical record and chart of the patient, coordinating with the rest of the medical staff, and making sure that the incision was placed at the correct location. In some cases hospitals or anesthesiologists may also be held responsible. Medical malpractice cases are usually filed in state court however, they can be transferred under certain circumstances to federal court.