Common Causes of Malpractice Litigation

Malpractice litigation is a complicated procedure. If an error is considered to be malpractice is dependent on whether the patient is able to prove four legal elements such as a professional duty breach of this duty; harm due to the breach and quantifiable damages.

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

Incorrect diagnosis and failure to diagnose

Failure to identify an illness or injury accurately can result in serious complications, or even death. A lot of medical malpractice cases involve misdiagnosis. To prove negligence the patient or their attorney must demonstrate that a competent doctor under similar circumstances and in the same field would not have misdiagnosed the problem.

The misdiagnosis of a patient does not always mean negligence. Even highly skilled and experienced doctors make mistakes. Therefore, any claim of malpractice has to be supported by other elements such as breach, proximate cause and actual injury. For instance If a doctor is not careful to sterilize their equipment prior to administering anesthesia to a patient and they develop an infection because of it the doctor could be found to be negligent.

In most instances, lawsuits claiming malpractice will be filed in the state trial court in which the alleged error occurred. Federal courts could, however, have jurisdiction in certain instances. A claim may be filed before a federal court under certain circumstances. For instance, it may involve disputes over the statute of limitations or when the parties are of different nationalities. Some claims are settled by binding arbitration. This is a less formal procedure involving professional decision makers that is intended to save costs, speed up legal proceedings and remove the possibility of excessively generous juries. Arbitration is not always available in cases of misconduct.

Dosage for a drug that is not correct

Medication mistakes, also referred to as medication errors, are one of the most common causes of medical malpractice lawsuits. These errors can be caused by a doctor who has submitted prescriptions in a wrong format or giving the patient the wrong dosage. These errors are usually avoidable. In the event of an incident, a pharmacy, a hospital or other health care provider could be held accountable for injuries caused by patients who were given the wrong dose of a drug.

A doctor may prescribe the wrong medication to a patient because of an inaccurate diagnosis or simply by misreading the prescription. A health professional could also prescribe the wrong dosage due to a lapse in communication. For instance nurses may interpret a doctor's prescription incorrectly or a pharmacist could make an error when filling the prescription. In other cases the doctor may delay the administration of the correct medication to the patient, resulting in the patient's condition getting worse.

To win a malpractice case, the victim must demonstrate that the medical professional violated their standards of care and that the negligence directly contributed to their injuries. This requires medical experts to testify. A medical malpractice case also must prove the extent and the damages caused by the victim's injuries. This includes the costs of treatment for the victim as well as any lost wages. The greater person's losses are, the more valuable the claim will be.

Unskillful Procedure

It's not likely for medical professionals to perform the wrong procedure on a patient, but this type of mishap can occur. A surgeon who commits this mistake can be held liable for negligence. A patient who is injured due to an error during surgery may be held accountable for any errors that occured during the procedure.

Any health care professional who is accused of misconduct must prove that the patient was injured by a specific act or omission to act. To prove this the legal team of the patient must prove that: (1) the doctor was under a duty to provide care or treatment; (2) that the doctor breached the duty of care; (3) that there is a direct causal relationship between the breach and the injury; and (4) that the injury results in damages which the legal system has the power to be able to address.

A breach of the duty of care is insignificant unless it causes injury this is why medical malpractice claims are typically based on a legal doctrine called "res ipsa loquitur." This law says that, in a majority of cases, certain injuries are so obvious and recognizable that they cannot be explained except by negligent acts.

Depending on the facts, the plaintiff (the person who filed the claim, or their legal representative) or their lawyer can choose to file either in state or federal court. The majority of malpractice cases are filed in state court. However, under limited circumstances the medical malpractice lawsuit could be filed in federal district court.

Wrong Surgery

The wrong-site surgery isn't common but it can be considered medical malpractice when the procedure is performed in the wrong part of your body. This kind of error is usually the result of miscommunications between members of the surgical team, or by production pressures that result in the surgeon performing several surgeries to perform at the same time. In these cases the surgeon is not solely accountable for a mistaken-site operation because of the legal principle of "res ipsa locquitur" which states that the outcome speaks for itself and cannot be attributed to negligence.

When a patient is injured during surgery that is performed on the wrong site and is injured, they may require additional procedures to repair problems caused by the surgical mistake. This could result in expensive medical expenses for the patient and their families. It is important to keep these costs in mind when calculating the financial impact of medical malpractice claims.

Surgeons are often accountable for surgical errors because they are the individuals who are responsible for getting ready for the procedure and double-checking the patient's medical chart and medical records, coordinating effectively with other members of the medical team, and making sure that the incision is done at the correct place. However, in some cases an anesthesiologist or a hospital could also be held responsible. Medical Malpractice Lawyers claims are generally filed in state courts, but can be transferred under certain circumstances to federal court.