Common Causes of Malpractice Litigation

Malpractice litigation involves a complex process. The question of whether or not an error constitutes malpractice depends on the ability of the patient to establish four legal elements that include a professional obligation and breach of this duty; harm caused by the breach and damages that can be quantifiable.

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

The wrong diagnosis or the inability to diagnose

The inability of a doctor to correctly diagnose an illness or injury could lead to serious complications or even death. A lot of medical malpractice cases involve mistaken diagnosis. To prove negligence the patient or their attorney must show that a competent doctor in similar circumstances and working in the same specialty would not have misdiagnosed the condition.

It is not always a case of malpractice, however. Even experienced and highly trained doctors can make mistakes. Therefore, any claim for malpractice must be supported with other elements such as breach, proximate causes and actual injury. If a doctor does not sterilize his equipment prior to administering anesthesia and the patient becomes infected due to this, the doctor could be found to be negligent.

The majority of lawsuits involving malpractice law firms are filed in state trial courts where the alleged error occurred. Federal courts can be able to handle the case in certain situations. For instance, a claim may be brought in federal court if it involves the interpretation of the statute of limitations or when there is a significant variety of citizenship among the parties in the case. Some claims are settled by arbitral arbitration, which is a binding process. This is a less formal process involving professional decision makers that is intended to save costs, speed up legal proceedings and remove the risk of overly generous juries. Arbitration is not always available in cases of misconduct.

The wrong dosage of medication

Medication errors--also called medication mistakes--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 incorrect dosage. These mistakes are often avoidable. Depending on the circumstances, a hospital staff member, a pharmacist or other health professionals could be held responsible for the injuries suffered by a patient who was prescribed the wrong dosage of a drug.

A doctor might prescribe the wrong drug because of a misdiagnosis, or simply making a mistake in the prescription. A health professional may also prescribe the wrong dosage due to an issue with communication like when a nurse reads the handwritten prescription of a doctor incorrectly or the pharmacist makes a mistake in filling out the prescription. In other instances the doctor could delay the administration of the correct medication, which could cause the patient's illness to worsening.

A plaintiff must prove in order to prevail on a malpractice law firm lawsuit, that the medical professional breached their professional standards and that their injuries were directly attributed to the negligence. This requires testimony from a medical expert. A medical malpractice case also must prove the extent and damage of the victim's injuries. This includes the cost of treatment as well as any lost wages. The more loss you suffer of the claim, the greater the value of the claim.

Wrong Procedure

This type of incident is not uncommon. It might seem impossible for medical professionals to carry out the incorrect procedure on patients however, it is a reality. The surgeon who commits this error may be held liable for negligence. However those who are injured due to a surgical error could also be held accountable for any negligence that occurred along the way to the procedure.

Any health care professional who is accused of malpractice must prove that the patient was injured due to a specific act or failure to act. To establish this the legal team of the patient must prove that (1) the doctor had an obligation to provide care or treatment; (2) that the doctor violated that duty; (3) that there is a direct causal connection between the breach and the injury and (4) that the injury causes damages that the legal system can address.

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

Depending on the facts of the case, the plaintiff (the patient or their legally appointed representative) or their attorney could file the claim in federal or state court. The majority of malpractice cases are filed in state courts, but in certain circumstances the case of medical negligence may be filed in federal district court.

Wrong Surgery

Wrong-site surgery is a rare error, but it can be considered medical malpractice when the procedure is performed on the wrong part of the body. This kind of error is typically the result of miscommunication between the members of a surgical team or production pressure that leads to an individual surgeon being assigned multiple surgeries at the same time. In these instances, a surgeon is not solely accountable for a mistaken-site procedure because of the legal principle of "res ipsa locquitur" which states that the result is a matter of fact and cannot be attributed to negligence.

If an individual is injured in an improper procedure the patient may require additional procedures to rectify problems that were exacerbated by the mistake. Patients and their families are left with high medical bills. These expenses must be taken into consideration when calculating the financial consequences of medical malpractice lawsuits.

Most often surgeons are accountable for surgical mistakes. They are accountable in preparing the patient prior to the procedure, as well as checking the chart and medical records of the patient, communicating with the medical staff, and making sure that the incision was made at the correct location. In certain instances an anesthesiologist or hospital could also be held accountable. Medical malpractice claims are generally filed in state courts, but can be transferred under certain circumstances to federal court.