Common Causes of Malpractice Litigation

Malpractice litigation is a complex procedure. If a patient can prove four elements, it will decide whether or not the error is a case of malpractice. These are professional obligation and a breach of that obligation; an injury that results from this breach; and measurable damages.

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

Misdiagnosis and Failure to Diagnose

The failure of a physician to correctly diagnose an illness or injury could result in serious complications or even death. A large number of medical malpractice cases involve incorrect diagnosis. To prove negligence, a person or their lawyer must demonstrate that a qualified doctor in similar circumstances would not have misdiagnosed a problem.

It is not always a case of negligence, but. Even highly skilled and experienced doctors make mistakes. Therefore, any claim of malpractice must be backed up by other elements such as breach, proximate cause or actual injury. If a doctor fails sterilize his equipment prior to giving anesthesia and the patient gets infected because of this, he could be found to be negligent.

Legal actions claiming malpractice are usually filed in state trial courts where the alleged error occurred. Federal courts could be able to hear cases in certain circumstances. A case may be brought before a federal court in certain circumstances. For instance it could involve the issue of a statute of limitation 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 which involves professional decision makers and is intended to save costs, expedite legal proceedings, and eliminate the possibility of excessively generous juries. Arbitration is not available in all instances of malpractice.

Dosage for a drug that is not correct

Medication errors--also called medication mistakes--are one of the main causes of medical malpractice lawsuits. They can be the result of a doctor writing a prescription that is not correct or delivering the wrong dose to patients. These errors are often preventable. According to the situation an individual pharmacy, hospital or other health care provider could be held accountable for the injuries caused by an individual who took the wrong dosage of a medication.

A doctor might prescribe the incorrect medication to a patient because of an incorrect diagnosis or simply by misreading the prescription. A health professional could also administer the wrong dosage due to a failure in communication. For instance the nurse might interpret a doctor's prescription incorrectly or a pharmacist might fail to fill the prescription. In other instances, a doctor could delay the proper medication to the patient, resulting in their condition worsening.

A person seeking compensation must prove, in order to prevail on a malpractice claim that the medical professional violated their professional standards and that their injuries were directly attributed to the negligence. This requires testimony from a medical expert. A medical malpractice law firm case also must establish the extent and severity of the victim's injuries. This includes the cost of treatment for the victim as well as any wages lost. The more the loss is, the more valuable of the claim.

Incorrect Procedure

This kind of situation is not unusual. It may seem like a challenge for medical professionals to carry out the incorrect procedure on patients, however, it is a reality. A surgeon who makes this mistake could be held accountable for negligence. If a patient is injured as a result of a surgical error may be held responsible for any mistakes that were made during the procedure.

A medical professional accused of malpractice has to prove that the patient was injured because of a specific act, or inability to take action. To establish this, the legal team of the patient must show: (1) that the doctor was required to provide care or treat the patient; (2) that he did not fulfill that duty; (3) that a causal connection exists between the breach and injury and (4) the injury results in damages the legal system can address.

A breach of the duty of care is meaningless unless it causes injury, that's why medical malpractice lawyer claims are typically made based on a law called "res ipsa loquitur." This law says that, in a lot of instances certain injuries are so evident and obvious that they are only explained by negligent acts.

Based on the facts of the case, the plaintiff (the patient or their legally designated representative) or their attorney may present the claim to federal or state court. Most malpractice cases are filed in state court. However, in certain situations medical malpractice lawsuits could be filed in federal district court.

Wrong Surgery

Wrong-site surgery is a rare error, but it could be considered medical negligence if the procedure is performed on the wrong area of the body. This type of error is usually caused by a lack of communication between the surgical team or production pressures that lead to surgeons having multiple surgeries at once. In these instances, a surgeon is not solely responsible for a misplaced operation because of the legal principle of "res ipsa locquitur", which states that the result is a matter of fact and cannot be blamed on negligence.

If a patient is injured during an incorrect procedure it is possible that the patient will require additional procedures to fix issues that were caused by the mistake. This leads to costly medical expenses for patients as well as their families. These expenses should be considered when calculating the financial impact of medical malpractice lawsuits.

Surgeons are usually accountable for surgical errors since they are the ones who are responsible for properly making preparations for the operation, double-checking the patient's chart and medical records, coordinating effectively with the other members of the medical team, and making sure that the incision has been made on the correct site. However, in certain instances an anesthesiologist or hospital may also be held responsible. Medical malpractice lawsuits are usually filed in state courts, but under certain circumstances they may be transferred to federal court.