Common Causes of Malpractice Litigation

The process of bringing a malpractice lawsuit is a complex procedure. If a person can prove four factors, it will determine whether or not the error is malpractice. These are professional obligations and a breach of that duty; a loss resulting from this breach; and measurable damages.

Plaintiffs must prove these elements through evidence like expert testimony, depositions and discovery.

Undiagnosed or Incorrectly Diagnosed

Failure to diagnose an injury or illness in a timely manner could lead to serious complications, or even death. The misdiagnosis of a patient is a frequent cause of medical malpractice. To prove negligence, a patient or their lawyer must demonstrate that an experienced doctor in similar circumstances would not have misdiagnosed the condition.

The misdiagnosis of a patient does not always mean malpractice. Even the most experienced and highly trained doctors make mistakes, therefore an allegation of malpractice needs to be backed by other elements such as breach, proximate causality and actual injury. For instance the case where a physician fails to properly sterilize their equipment before administering anesthesia to a patient and they develop an infection as a result, the doctor could be found to be negligent.

In most instances, lawsuits claiming that there was a mistake will be filed in the state trial court where the alleged malpractice took place. However, federal courts may have jurisdiction in certain situations. For instance, a claim could be filed in federal court if it involves disputes over the statute of limitations or if there is a substantial variety of citizenship among the parties in the case. Additionally, some cases are settled through voluntary binding arbitration. This is a less formal process that is governed by professional decision makers. It is designed to lower expenses, speed up the legal process, and remove the risk associated with overly generous juries. Arbitration is not available in all cases of misconduct.

Wrong Drug Dosage

Medication mistakes, also referred to as medication errors, are one of the most common causes of medical malpractice lawsuits. These errors can be caused by a doctor who has submitted prescriptions in a wrong format or malpractice lawsuit giving the patient the wrong dosage. These mistakes are usually preventable. According to the situation the pharmacy, hospital or other health care provider could be held accountable for the harm caused by patients who were given the wrong dosage of a medication.

A doctor malpractice lawsuit can prescribe the wrong drug because of a misdiagnosis or simply making a mistake in the prescription. A health care professional could also administer the wrong dosage due to an inability to communicate, such as when a nurse reads the doctor's handwritten script in error or the pharmacist makes an error in filling out the prescription. In other cases the doctor may delay the proper medication, which could result in the patient's health worsening.

To prevail in a malpractice attorney lawsuit, a victim must demonstrate that the medical professional did not meet their standards of care and that negligence directly caused the injuries. This requires medical experts to provide evidence. Additionally, a medical malpractice case must establish the severity of the injuries suffered by a victim and the damages they suffered because of the negligence. This includes the costs of a person's treatment and any lost wages. Generally, the greater a person's losses are in the greater value of 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 this error could be held liable for negligence. However the patient who is injured as a result of a surgical error could also be held responsible for any negligence that occurred during the way to the procedure.

Any health professional who is accused of misconduct must show that the patient was harmed due to a specific act or inaction. To establish this, the legal team of the patient must show: (1) that the doctor was obligated to provide care or treat the patient; (2) that he violated his duty; (3) that a causal link exists between the breach and injury; and (4) the harm results in damages that the legal system can deal with.

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

Depending on the facts of the case, the plaintiff (the patient or their legally designated representative) or their attorney may bring the case in federal or state court. The majority of malpractice cases are filed in state court. However, under limited circumstances, a medical malpractice lawsuit could be filed in federal district court.

Wrong Surgery

The procedure that is performed on the wrong site is not common, but can be considered medical malpractice when the procedure is done in the wrong area of your body. This kind of error is usually caused by miscommunications between the surgical team, or due to production pressures that result in surgeons having multiple surgeries assigned at once. In these cases, the surgeon is not all-in on his responsibility for a surgical error that is not performed correctly due to a legal principle called "res ipsa loquitur" which means that the outcome of the error is evident and cannot be traced to negligence.

If an individual is injured in an improper procedure, he or her may require additional procedures to rectify problems that were aggravated by the error. Patients and their families are left with expensive medical bills. It is crucial to consider these costs when calculating the financial costs of medical malpractice lawsuits.

Surgeons are usually held accountable for surgical errors because they are the individuals who are accountable for preparing for the operation by double-checking patient's chart and medical records, communicating effectively with the other members of the medical team, and making sure that the incision has been placed at the right place. However, in certain instances hospitals or anesthesiologists may be held accountable. Medical malpractice claims are usually filed in state courts, but under certain circumstances they may be transferred to federal courts.