Common Causes of Malpractice Litigation

Malpractice litigation involves a complex procedure. If a patient can demonstrate four elements, it will be able to determine whether or not the mistake is malpractice. These are professional obligation and a breach of that duty; a loss resulting from the breach; and quantifiable damage.

Plaintiffs must also prove the elements using evidence, such as expert testimony and depositions.

Misdiagnosis and Failure to Diagnose

A physician's inability to accurately diagnose a disease or injury can lead to serious complications or even death. Misdiagnosis is a common cause of medical malpractice. To prove negligence, a person or their lawyer must demonstrate that an experienced doctor in similar circumstances would not have misdiagnosed a problem.

Misdiagnosis doesn't always mean negligence. Even highly-trained and experienced doctors are not immune to mistakes. Therefore, a claim for malpractice must be supported with other elements like breach, proximate cause or actual injury. If a doctor does not sterilize his equipment prior to giving anesthesia and the patient is infected because of this, the doctor could be held accountable.

In the majority of cases, lawsuits alleging malpractice will be filed in the state trial court where the malpractice was alleged to have occurred. However, federal courts could be able to handle cases in certain circumstances. For instance, a case could be filed in federal court in the event of the interpretation of the statute of limitations or when there is a substantial diversity of citizenship of those involved in the dispute. In other cases, certain claims are resolved through binding arbitration that is voluntary. This is a less formal procedure with professional decision makers. It is designed to reduce costs, expedite legal proceedings and reduce the possibility of excessively generous juries. However, arbitration is not accessible for all claims of malpractice.

The wrong dosage of medication

Medication mistakes, also referred to as medication errors, are among the most common causes of medical malpractice lawsuits. They can be caused by a physician writing a prescription incorrectly or delivering the wrong dose to patients. These mistakes are usually avoidable. Based on the circumstances, a hospital or its staff, pharmacist or other health care provider may be held liable for the injuries of patients who were given the wrong dose of medication.

A doctor can prescribe the wrong medicine because of a misdiagnosis or simply failing to read the prescription. A health care provider may also prescribe the wrong dosage because of an interruption in communication for example, when the nurse reads the doctor's handwritten prescription incorrectly or the pharmacist makes a mistake in filling out the prescription. In other instances, malpractice the physician may delay giving the correct medication, which could lead to the patient's condition worsening.

In order to be successful in a malpractice lawsuit, a victim must establish that the medical professional violated their standard of care and that negligence directly caused the injuries. This requires medical expert testimony. Medical malpractice cases also must establish the extent and damages of the victim's injuries. This includes the cost of treatment as well as any lost wages. In general, the greater a person's losses are then, the more valuable the claim will be.

Unskillful Procedure

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

A health care professional who is accused of negligence must prove that a patient was injured by the specific act or inability to take action. To prove this the legal team of the patient must prove: (1) that the doctor was legally obligated to provide care or treat the patient; (2) that he violated his duty; (3) that a causal link exists between the breach and the injury; and (4) the injury causes damages that the legal system could address.

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

Based on the facts depending on the facts, the plaintiff (the person who filed the claim, or their legal representative) or their attorney may decide to file the claim in either state or federal court. The majority of malpractice cases are filed in state court. However, under certain circumstances medical malpractice lawsuits could be filed in federal district court.

Wrong Surgery

Surgery performed on the wrong site is a very rare mistake, but it could be considered medical malpractice when the procedure is performed on the wrong side of the body. This kind of error usually occurs as caused by miscommunication between the members of a surgical team or production pressure that results in a surgeon being assigned multiple surgeries simultaneously. In these cases the surgeon is not solely responsible for a misplaced procedure because of a legal rule known as "res ipsa locquitur" which says that the outcome is a matter of fact and cannot be attributed to negligence.

If an individual is injured in an improper procedure it is possible that the patient will require additional procedures in order to correct problems that were made worse by the error. Patients and their families are left with expensive medical bills. This expense should be taken into consideration when calculating the financial impact of medical malpractice claims.

Most often, surgeons are held responsible for surgical mistakes. They are responsible for preparing the patient for the procedure, examining the medical records and charts of the patient, coordinating with the rest of the medical personnel, and ensuring that the incision was placed in the proper location. In some cases, a hospital or anesthesiologist could also be held accountable. Medical malpractice lawsuits are usually filed in state courts, but in certain situations they may be transferred to federal court.