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Common Causes of Malpractice Litigation

Malpractice litigation is a complicated procedure. The degree to which an error constitutes malpractice depends on whether the patient is able to prove four legal elements that include a professional obligation breach of this duty; injury resulting from the breach; and quantifiable damages.

Plaintiffs must be able to prove the elements using evidence such as expert testimony and depositions.

Incorrect diagnosis and failure to diagnose

Failure to diagnose an illness or injury accurately can lead to serious complications, or death. A lot of medical malpractice cases involve mistaken diagnosis. To prove negligence the patient or their attorney must prove that a competent physician under similar circumstances and working in the same field would not have missed the diagnosis.

Not every misdiagnosis is malpractice, however. Even highly trained and experienced doctors make mistakes, and a claim of malpractice must be backed by other elements such as breach, proximate causation and actual injury. For example, if a physician does not properly sterilize their equipment prior to giving anesthesia and the patient develops an infection due to the infection the doctor could be found to be negligent.

In most cases, lawsuits that allege malpractice will be filed in the state trial court in which the alleged malpractice law firm took place. Federal courts may, however, have jurisdiction in certain instances. For instance, a case may be brought in federal court if it involves an issue regarding the time limit or in the event of a significant variety of citizenship among those involved in the dispute. Some claims can be resolved through binding arbitration that is voluntary. This is a non-formal procedure that is governed by professional decision makers. It is designed to cut costs, expedite the legal process, and reduce the risk associated with overly generous juries. Arbitration is not available in all cases of misconduct.

Wrong Drug Dosage

Medication errors, also referred as medication mistakes are among the main reasons for medical malpractice lawsuits. These errors could be caused by a doctor who has submitted a prescription in the wrong format or giving the patient the incorrect dosage. These errors are usually preventable. Depending on the circumstances the hospital staff member, a pharmacist or other health care provider could be held accountable for the injuries sustained by patients who were given the wrong dosage of a drug.

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

To be successful in a malpractice lawsuit, a victim must show that the medical professional violated their standard of care, and that their negligence directly led to the injuries. This requires medical experts to be present. A medical malpractice case also must establish the extent and damages of the victim's injuries. This includes the cost of treatment and any lost wages. Generally, the greater a person's losses are, the more valuable the claim will be.

Wrong Procedure

It might seem unlikely that medical professionals would carry out the incorrect procedure on a patient however, this kind of thing occurs. A surgeon who makes this mistake can be held accountable for malpractice. However those who are injured due to a surgical error can also be held accountable for Lawyers any negligence that occurred during the way to the procedure.

Any health professional who is alleged to be negligent must show that the patient was harmed through a specific act or omission to act. To prove this the legal team representing the patient has to prove: (1) that the doctor was required to provide treatment or care to the patient; (2) that he violated his duty; (3) that a causal connection exists between the breach and injury; and (4) the injury causes damages that which the legal system may address.

A breach of duty of care is no meaning unless it results in injury. This is the reason why medical malpractice cases tend to be founded on the legal doctrine "res ipsa locquitur" which states that certain injuries are so obvious they can be explained only through negligence.

Depending on the circumstances the plaintiff (the person who filed the claim or their legal representative) or their lawyer can decide to file the claim in state or federal court. Most malpractice cases are filed in state court, however in certain situations medical malpractice lawsuits can be brought in federal district court.

Wrong Surgery

The wrong-site surgery is a common error, but it can be considered medical malpractice when the procedure is performed on the wrong area of the body. This type of error usually occurs as caused by miscommunication between the members of a surgical team, or production pressure that results in an individual surgeon being assigned multiple surgeries at the same time. In these cases, the surgeon is not all-in on his responsibility for a surgery that was performed on the wrong site due to the legal principle known as "res ipsa loquitur" which means that the result of the error is evident and cannot be attributed to negligence.

When a patient is injured by wrong-site surgery, he or she may require additional procedures to correct problems that are aggravated by the surgical error. Patients and their families are left with high medical bills. This expense should be considered when calculating the financial impact of medical malpractice lawsuits.

The majority of times, surgeons are held responsible for surgical errors. They are accountable to prepare the patient for surgery, reviewing the chart and medical records of the patient, communicating with the medical staff, and ensuring that the incision was placed in the proper location. In some instances an anesthesiologist or hospital could also be held accountable. Medical malpractice cases are usually filed in state court however, they can be transferred under certain circumstances to federal court.