Common Causes of Malpractice Litigation

The process of bringing a malpractice lawsuit is a complex procedure. The question of whether or not an error is considered to be malpractice is dependent on whether the patient can establish four legal elements that include a professional obligation breach of this duty; injury resulting from the breach; and tangible damages.

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

Undiagnosed or Incorrectly Diagnosed

Failure to correctly diagnose an illness or injury accurately can lead to 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 physician under similar circumstances and in the same area would not have misdiagnosed the problem.

A misdiagnosis is not always malpractice. Even highly skilled and experienced doctors are not immune to mistakes. Therefore, any claim of malpractice has to be supported with other elements, such as breach, proximate cause and actual injury. For instance If a doctor fails to properly sterilize their equipment before administering anesthesia and the patient suffers an infection as a result the doctor could be guilty of malpractice.

In the majority of cases, lawsuits alleging malpractice will be filed in the state trial court where the malpractice was alleged to have occurred. However, federal courts may have jurisdiction in certain situations. A case can be brought before a federal court in specific circumstances. For instance it could involve disputes over a statute of limitation or in the event that the parties have different citizenships. Certain claims are settled through binding arbitration. This is a less formal procedure involving professional decision makers that is intended to save costs, expedite legal proceedings, and eliminate the possibility of excessively generous juries. Arbitration is not accessible in all cases of misconduct.

Dosage for a drug that is not correct

Medication mistakes, also referred to as medication errors, are one of the most frequent causes of medical malpractice lawsuits. These errors could be caused by a physician who writes a prescription in the wrong format, or giving the patient the wrong dosage. These mistakes are usually avoidable. According to the circumstances the hospital, its staff, a pharmacist or other health care providers could be held responsible for the harms suffered by patients who were given the wrong dose of medication.

A doctor could prescribe the wrong medication because of a misdiagnosis or simply making a mistake in the prescription. A health care provider can also give the wrong dosage because of a glitch in communication. For instance nurses may read a doctor's script incorrectly or a pharmacist may have a mistake while filling the prescription. In other instances the doctor may delay administering the correct medication to the patient, which could result in their condition worsening.

In order to be successful in a malpractice lawsuit, a victim must demonstrate that the medical professional acted in breach of their standard of care, and that their negligence directly led to the injuries. This requires medical experts to be able to testify. A medical malpractice case also must establish the extent and damages of the victim's injuries. This includes the costs of a person's treatment and any lost wages. In general, the greater a loss is, the more valuable the claim will be.

Incorrect Procedure

This type of incident is not unusual. It may seem impossible for medical professionals to perform the wrong procedure on patients, but it does happen. The surgeon who commits this error can be found liable for malpractice. However the patient who is injured as a result of a surgical error could also be held responsible for any negligence that occurred during the process.

A medical professional accused of malpractice lawyer must demonstrate that the patient was injured as a result of an action or failure to take action. To establish this, the legal team representing the patient must demonstrate: (1) that the doctor had a responsibility to treat or provide care to the patient; (2) that he did not fulfill that duty; (3) that a causal link exists between the negligence and injury; and (4) the harm results in damages that the legal system can address.

A breach of the duty of care is meaningless unless it causes injury which is why medical malpractice claims are usually made based on a law known as "res ipsa loquitur." This law states that, in many instances certain injuries are obvious and unmistakable that they can only be explained through negligence.

Based on the facts, the plaintiff (the person who filed the claim, or their legal representative) or their lawyer could decide to file the case either in state or federal court. The majority of malpractice cases are filed in state court, but under limited circumstances, a medical malpractice lawsuit could 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 area of your body. This kind of error usually occurs as the result of miscommunication between the members of a surgical team, or production pressure that results in the surgeon being assigned multiple surgeries at the same time. In these situations, the surgeon is not solely responsible for his or her liability for a wrong-site surgery due to the legal principle known as "res ipsa loquitur" which means that the consequence of the error speaks for itself and cannot be attributed to negligence.

When a patient is injured as a result of surgery done on the wrong location the patient may require additional procedures to correct problems that are aggravated by the surgical mistake. This could result in expensive medical bills for patients and their families. These expenses must be taken into consideration when calculating the financial consequences of medical malpractice lawsuits.

Surgeons are typically held accountable for surgical errors because they are the ones who are accountable for preparing for the operation, double-checking the patient's chart and medical records, communicating effectively with the other members of the medical team, and making sure that the incision has been placed at the right place. However, in certain instances an anesthesiologist or a hospital could also be held responsible. Medical malpractice lawsuits are usually filed in state courts, but in certain situations, they can be transferred to federal court.