Common Causes of Malpractice Litigation

Malpractice litigation is a complicated procedure. If an error constitutes malpractice lawyers depends on whether the patient can establish four legal elements such as a professional duty; breach of this duty; injury due to the breach and the possibility of quantifiable damages.

Plaintiffs must prove these elements with evidence such as expert testimony, depositions and discovery.

Misdiagnosis and Failure to Diagnose

The inability of a doctor to correctly diagnose an illness or injury can result in serious complications or even death. Many medical malpractice cases involve incorrect diagnosis. To establish negligence, a patient or their lawyer must show that a seasoned doctor in similar circumstances would not have misdiagnosed the condition.

Not every misdiagnosis is an error, but. Even experienced and highly trained doctors can make mistakes. Therefore, a claim of malpractice has to be backed up by other elements like breach, proximate reason and actual injury. For example, if a physician fails to properly sterilize their equipment prior to giving anesthesia and the patient develops an infection in the process the doctor could be guilty of malpractice.

In the majority of cases, lawsuits that allege malpractice will be filed in the state trial court in which the alleged misconduct occurred. Federal courts may, however, have jurisdiction in certain circumstances. A claim can be brought before a federal court under certain circumstances. For instance, it may involve an issue regarding a statute of limitation or in the event that the parties have different nationalities. Some claims can be settled through voluntary binding arbitration. This is a less formal procedure with professional decision makers. It is designed to reduce costs, expedite legal proceedings and eliminate the risk of overly generous juries. Arbitration is not available in all cases of misconduct.

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 result from a doctor prescribing the wrong medication or giving the wrong dosage to the patient. These mistakes are often avoidable. In certain circumstances, a hospital, its staff, a pharmacist or other health professionals could be held accountable for the harms suffered by a patient who was given the wrong dosage of a drug.

A doctor could prescribe incorrect medication to a patient as a result of an incorrect diagnosis or simply by misreading the prescription. A health professional could also give the wrong dosage due to a lapse in communication. For instance nurses may read a doctor's script incorrectly or a pharmacist could fail to fill the prescription. In other situations doctors may delay the proper medication to the patient, resulting in their condition becoming worse.

A victim must prove, in order to prevail on a malpractice lawsuit, that the medical professional violated their standard of practice and that their injuries were directly caused by the negligence. This requires medical experts to testify. Furthermore, a medical negligence case must establish the severity of the victim's injuries and the damages they sustained because of the negligence. This includes the costs of treatment for a patient and any wages lost. The greater loss is in the greater value of the claim will be.

Incorrect Procedure

It might seem unlikely that medical professionals could perform the incorrect procedure on a patient but this type of mishap is quite common. A surgeon who makes this kind of error could be held to be liable for negligence. Patients who are injured due to an error during surgery can be held accountable for any mistakes that were made during the procedure.

Any health care professional who is accused of misconduct must show that the patient was injured due to a specific act or failure to act. To prove this the legal counsel of the patient must demonstrate that: (1) the doctor had an obligation to provide care or treatment; (2) that the doctor breached this duty; (3) that there is a direct causal link between the breach and the injury and (4) that the injury causes damages that the legal system is able to address.

A breach of the duty of care is not relevant unless it causes injury that's why medical malpractice lawsuits are generally made based on a law known as "res ipsa loquitur." This law says that, in a majority of cases certain injuries are so obvious and recognizable 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 file the claim in federal or state court. Most malpractice cases are filed in state court. However, in certain circumstances medical malpractice lawsuits can be brought in federal district court.

Wrong Surgery

The wrong-site surgery is a common mistake, but it could be considered medical negligence if the procedure is performed on the wrong part of the body. This type of error is usually caused by miscommunications between the surgical team, or pressures in the production process that result in the surgeon performing multiple surgeries assigned at once. In these situations, a surgeon is not solely responsible for a wrong-site procedure due to the legal principle known as "res ipsa locquitur" which states that the result speaks for itself and cannot be attributed to negligence.

If a patient is injured during surgery that is performed on the wrong site the patient may require additional treatments to correct problems exacerbated by the mistake. This could result in expensive medical expenses for the patient and their families. These expenses should be taken into consideration when calculating the financial impact of medical malpractice claims.

Surgeons are typically held accountable for surgical errors as they are the ones who are responsible for preparing for the operation and double-checking the patient's medical chart and medical records, communicating effectively with other members of the medical team and making sure that the incision has been done at the correct place. In some instances hospitals or anesthesiologists could also be held accountable. Medical malpractice cases are typically filed in state courts, however, in certain situations they may be transferred to federal court.