Common Causes of Malpractice Litigation

Malpractice litigation is a tense process. Whether or not an error constitutes malpractice depends on whether the patient can prove four legal elements which include professional duty and breach of this duty; injury due to the breach and tangible damages.

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

Incorrect diagnosis and failure to diagnose

The failure of a physician to accurately diagnose a disease or injury can lead to serious complications or even death. A large number of medical malpractice cases involve mistakes in diagnosis. To prove negligence, the patient or their attorney must demonstrate that a competent doctor under similar circumstances and in the same area would not have misdiagnosed the condition.

Every misdiagnosis can be considered to be malpractice, however. Even the most experienced and highly trained doctors make mistakes, therefore a claim of malpractice must be supported by other factors like breach, proximate causation and actual injury. If a physician fails to sterilize his equipment prior to giving anesthesia and the patient gets infected due to this, he could be liable.

In most instances, lawsuits claiming malpractice attorneys will be filed in the state trial court where the alleged misconduct occurred. However, federal courts might be able to handle cases in certain circumstances. A claim may be filed before a federal court in specific circumstances. For instance, it may involve the issue of a statute of limitation or when the parties have different nationalities. Certain claims are settled through arbitration that is binding and voluntary. This is a less formal process involving professional decision makers that is intended to cut costs, expedite legal proceedings and reduce the risk of overly generous juries. However, arbitration is not accessible for all malpractice claims.

The wrong dosage of medication

Medication errors, also known as medication mistakes, are one of the main causes of medical malpractice lawsuits. They can be caused by a physician writing a prescription that is not correct or delivering the wrong dose to patients. These mistakes are often avoidable. Based on the circumstances the pharmacy, hospital or other health care provider could be held accountable for injuries caused by patients who were given the wrong dose of a drug.

A doctor may prescribe the wrong medication because of a misdiagnosis or by simply failing to read the prescription. A health professional may also prescribe the wrong dose due to a breakdown in communication like when the nurse reads the handwritten prescription of a doctor incorrectly or the pharmacist is mistaken in filling out the prescription. In other instances, the physician may delay delivering the correct medication, which can lead to the patient's condition worsening.

To win a malpractice case, a victim must establish that the medical professional breached their standard of care, and that the negligence directly contributed to the injuries. This requires testimony from a medical expert. Moreover, a medical malpractice case must demonstrate the extent of the victim's injuries as well as the damage they sustained as a result of the negligence. This includes the cost of treatment and any lost wage. The more loss you suffer of the claim, the greater the value of the claim.

Incorrect Procedure

It might seem absurd for medical professionals to perform the incorrect procedure on a patient, but this type of mishap occurs. The surgeon who makes this mistake could be held accountable for negligence. However those who are injured as a result of a surgical error can also be held accountable for any negligence that occurred during the way to the procedure.

Any health professional who is alleged to be negligent must prove that the patient was harmed by a specific action or failure to act. To prove this, the patient's legal team must demonstrate that: (1) the doctor was under an obligation to provide treatment or treatment; (2) that the doctor did not fulfill this duty; (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 is able to resolve.

A breach of duty of care is no significance unless it results in injury. This is the reason medical malpractice cases tend to be built on the legal principle "res ipsa locquitur" which says that certain injuries are so obvious that they can only be explained by negligence.

Based on the facts of the case, the plaintiff (the patient or their legally designated representative) or their attorney could present the claim to federal or state court. Most malpractice cases are filed in state court, but under certain circumstances medical malpractice lawsuits could be filed in federal district court.

Wrong Surgery

Wrong-site surgery is a rare mistake, but it could be considered medical negligence if the procedure is performed on the wrong area of the body. This type of error is usually caused by a lack of communication between the surgical team, or by pressures in the production process that result in a surgeon having several surgeries to perform at the same time. In these situations the surgeon isn't solely responsible for a wrong-site operation due to the legal principle known as "res ipsa locquitur" which says that the outcome speaks for itself and cannot be attributed to negligence.

If a patient is injured during an operation that was performed on the wrong site it is possible that the patient will require additional procedures to fix issues that were caused due to the error. Patients and their families are left with costly medical bills. These costs should be considered when calculating the financial consequences of medical malpractice lawsuits.

Most often, surgeons are held responsible for surgical errors. They are accountable in preparing the patient for the procedure, as well as checking the medical records and malpractice lawsuits charts of the patient, communicating with the rest of the medical staff, and making sure that the incision was made at the correct location. However, in some instances an anesthesiologist or hospital may also be liable. Medical malpractice claims are generally filed in state court, but they may be transferred under certain circumstances to federal court.