Common Causes of Malpractice Litigation

Malpractice litigation involves a complex process. If a person can prove four elements, it will decide whether or not the mistake is malpractice. These are professional obligation or breach of that duty; a loss resulting from the breach; and quantifiable damage.

Plaintiffs must prove these elements with evidence such as expert testimony, depositions, or discovery.

The wrong diagnosis and the inability to recognize

Failure to identify an injury or illness in a timely manner can lead to serious complications, or even death. Incorrect diagnosis is a common cause of medical malpractice. To prove negligence, a patient or their lawyer must demonstrate that a qualified doctor in similar circumstances would not have misdiagnosed a problem.

Misdiagnosis does not always constitute malpractice. Even the most experienced and highly trained doctors make mistakes. Therefore, an allegation of malpractice needs to be supported by other elements such as breach, proximate causation, and actual injury. If a doctor fails sterilize his equipment before administering anesthesia and the patient gets infected because of this, the doctor may be liable.

In the majority of cases, lawsuits that allege malpractice will be filed in the state trial court where the alleged error occurred. However, federal courts may have jurisdiction in certain situations. For instance, a claim could be filed in federal court if it is a dispute over the time limit for filing a claim or when there is a substantial difference in citizenship among the parties to the case. Some claims can be resolved through binding arbitration that is voluntary. This is a less formal procedure involving professional decision makers that is intended to cut costs, expedite legal proceedings and eliminate the risk of overly generous juries. However, arbitration isn't available for all malpractice claims.

Wrong Drug Dosage

Medication errors--also called medication mistakes--are one of the main causes of medical malpractice lawsuits. They can be caused by a physician writing a prescription incorrectly or giving the wrong dosage to the patient. These errors are typically preventable. In certain circumstances, a hospital, its staff, a pharmacist or other health professionals may be held liable for the harms suffered by the patient who received the wrong drug dosage.

A doctor could prescribe the wrong medicine because of a misdiagnosis or by simply failing to read the prescription. A health care provider can also give the wrong dosage due to a failure in communication. For example, a nurse 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 delivering the correct medication, which can cause the patient's illness to getting worse.

A person who suffers from a medical malpractice claim must prove, to be successful in a malpractice lawsuit that the medical professional breached their standard of practice and that their injuries were directly caused by the negligence. This requires medical expert testimony. A medical malpractice case must prove the extent and severity of the victim's injuries. This includes the costs of treatment as well as any lost wages. The greater the loss the greater the value of the claim.

The wrong procedure

This kind of situation is not uncommon. It may seem impossible for medical professionals to perform the wrong procedure on patients however, it happens. A surgeon who makes this error can be found liable for malpractice. However those who are injured as a result of a surgical error may also be held liable for any negligence that occurred on the path to the procedure.

Any health care professional who is accused of negligence must show that the patient was harmed due to a specific act or failure to act. To prove this the legal team representing the patient must show that: (1) the doctor had a duty to provide care or treatment; (2) that the doctor breached the duty of care; (3) that there is a direct and causal connection between the breach and the injury and (4) that the injury results in damages that the legal system could be able to address.

A breach of the duty of care is insignificant unless it causes injury, that's why medical Malpractice Lawyers lawsuits are generally built on a legal concept known as "res ipsa loquitur." This law says that, in many instances certain injuries are so obvious and evident that they are only explained by negligent acts.

Depending on the circumstances depending on the facts, the plaintiff (the person who filed the claim or their legal representative) or their lawyer can choose to file in either state or federal court. The majority of malpractice cases are filed with state courts, however in certain situations the case of medical negligence can be filed in federal district court.

Wrong Surgery

The wrong-site procedure is rare but it can be considered medical malpractice in the event that the procedure is carried out in the wrong location of your body. This type of error is often caused by a lack of communication between members of a surgical team or production pressure that leads to the surgeon being assigned multiple surgeries simultaneously. In these situations, the surgeon is not the only one with responsibility for a surgical error that is not performed correctly due to an underlying legal principle referred to as "res ipsa loquitur" which means that the consequence of the error is evident and can only be attributed to negligence.

When a patient is injured as a result of surgery done on the wrong location, he or she may require additional procedures to fix issues that were caused by the surgical error. This results in costly medical bills for patients and their families. It is essential to take these costs into account when calculating the financial burden of medical malpractice claims.

Most often, surgeons are held responsible for surgical mistakes. They are responsible in preparing the patient for the procedure, checking the medical records and chart of the patient, communicating with the rest of the medical personnel, and ensuring that the incision was placed at the correct location. However, in some cases a hospital or anesthesiologist may also be liable. Medical malpractice attorney cases are typically filed in state courts, but in certain situations they may be transferred to federal court.