Common Causes of Malpractice Litigation

The process of bringing a malpractice lawsuit is a complex procedure. If a patient is able to prove four elements, it will be able to determine whether or not the mistake is a case of malpractice. These are professional obligations or breach of that duty; an injury resulting from this breach; and quantifiable damage.

Plaintiffs must demonstrate these elements with evidence such as expert testimony, depositions, and discovery.

Incorrect diagnosis and inability to diagnose

Failure to correctly diagnose an injury or illness in a timely manner can result in serious complications, or death. Many medical malpractice cases involve mistaken diagnosis. To prove negligence the patient or their attorney must prove that a competent doctor under similar circumstances and in the same specialty would not have misdiagnosed the problem.

It is not always a case of malpractice, however. Even the most experienced and highly trained doctors make mistakes, so the claim of malpractice must be backed by other elements like breach, proximate causation and actual injury. If a doctor fails to sterilize his equipment before administering anesthesia, and the patient gets infected as a result of this, he could be found to be negligent.

Lawsuits alleging malpractice are typically filed in state trial courts where the alleged malpractice occurred. Federal courts may however have jurisdiction in certain instances. For instance, a claim may be brought in federal court if there is an issue regarding a statute of limitations or when there is a substantial diversity of citizenship of the parties in the case. Certain disputes are settled through arbitration that is binding and voluntary. This is a less formal process that involves professionals who make the decisions. It is designed to cut costs, speed up legal proceedings and eliminate the possibility of excessively generous juries. However, arbitration is not accessible for all claims of malpractice.

The wrong dosage of medication

Medication errors--also called medication mistakes--are one of the most frequent causes of medical malpractice lawsuits. These errors are caused by a doctor who has submitted prescriptions in the wrong format or giving the patient the incorrect 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 the injuries caused by a patient who was given the wrong dosage of a drug.

A doctor can prescribe the wrong medicine because of a misdiagnosis or by simply not understanding the prescription correctly. A health care professional may also prescribe the wrong dosage due to a failure in communication. For example nurses might not read a doctor's prescription correctly or a pharmacist could have a mistake while filling the prescription. In other instances the doctor could delay giving the correct medication, which could cause the patient's condition to worsening.

To win a malpractice attorney lawsuit, a victim must establish that the medical professional violated their standard of care, and that the negligence directly caused their injuries. This requires the testimony of a medical expert. A medical malpractice case also must establish the extent and severity of the victim's injuries. This includes the cost of a person's treatment and any lost wages. In general, the greater a person's losses are and the greater the value of the claim will be.

The wrong procedure

This kind of situation is not unusual. It might seem impossible for medical professionals to perform the incorrect procedure on patients however, it is a reality. A surgeon who commits this mistake can be held liable for malpractice. A patient who is injured as a result of an error during surgery can be held accountable for any error that occurred during the procedure.

Any health care professional who is accused of negligence must show that the patient was injured due to a specific act or omission to act. To establish this, the legal team of the patient must show: (1) that the doctor was legally obligated to care for or treat the patient; (2) that he breached that duty; (3) that a causal link exists between the breach and injury and (4) the injury causes damages that the legal system could address.

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

Based on the facts depending on the facts, the plaintiff (the person who filed the claim, or their legal representative) or their lawyer may decide to file a lawsuit in state or federal court. Most malpractice cases are filed in state courts, however in certain situations, a medical malpractice lawsuit could be filed in federal district court.

Wrong Surgery

A wrong-site procedure is a rare mistake, but it could be considered medical malpractice if the procedure is performed on the wrong side of the body. This type of mistake is usually caused by miscommunications between the surgical team or pressures on production that result in a surgeon having several surgeries to perform at the same time. In these situations the surgeon is not solely accountable for a mistaken-site procedure because of the legal principle of "res ipsa locquitur" which says that the result is a matter of fact and cannot be attributed to negligence.

If a patient is injured during an incorrect procedure the patient may require additional procedures to rectify issues that were caused by the mistake. Patients and their family members are left with hefty medical bills. It is important to consider these costs when calculating the financial burden of medical malpractice claims.

The majority of times surgeons are liable for surgical mistakes. They are accountable to prepare the patient for the procedure, checking the medical records and chart of the patient, coordinating with the medical team, and ensuring that the incision was made in the correct place. However, in some instances hospitals or anesthesiologists may also be accountable. Medical malpractice lawsuits are typically filed in state courts, but they may be transferred under certain circumstances to federal court.