Common Causes of Malpractice Litigation

Malpractice litigation is a complicated procedure. Whether or not an error constitutes malpractice depends on whether the patient can prove four legal elements such as a professional duty; breach of this duty; injury due to the breach and damages that can be quantifiable.

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

Incorrect diagnosis and inability to diagnose

The inability of a doctor to correctly diagnose an illness or injury could result in grave complications, or even death. Misdiagnosis is a common reason for medical malpractice. To prove negligence, the patient or their attorney must show that a competent doctor under similar circumstances and working in the same field would not have misdiagnosed the condition.

Misdiagnosis does not always constitute negligence. Even experienced and highly trained doctors can make mistakes. Therefore, a claim of malpractice must be backed by other elements like breach, proximate cause or actual injury. For example the case where a physician is not careful to sterilize their equipment prior to administering anesthesia and the patient suffers an infection because of it the doctor may be found to be negligent.

In the majority of 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 be able to hear cases in specific circumstances. For example, a claim may be brought in federal court if it involves a dispute over the statute of limitations or when there is a substantial diversity of citizenship of those involved in the dispute. Certain claims are settled through binding voluntary arbitration. This is a less formal process which involves professional decision makers and is intended to cut costs, expedite legal proceedings and reduce the risk of overly generous juries. Arbitration is not available in all cases of malpractice.

The wrong dosage of medication

Medication errors, also known as medication mistakes, are one of the most frequent causes of medical malpractice lawyers lawsuits. They can result from a doctor writing a prescription that is not correct or giving the wrong dosage to patients. These mistakes are often avoidable. According to the situation an individual pharmacy, hospital or other health care providers could be held responsible for the injuries resulting from a patient who received the wrong dosage of a drug.

A doctor may prescribe the wrong medication as a result 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 instance, when nurses read the doctor's handwritten script in error or the pharmacist makes an error in filling the prescription. In other cases the doctor might delay delivering the correct medication, which can lead to the patient's condition getting worse.

In order to be successful in a malpractice case, the victim must show that the medical professional did not meet their standards of care and that the negligence directly contributed to their injuries. This requires testimony from a medical expert. A medical malpractice case also must establish the extent and the damages caused by the victim's injuries. This includes the cost of treatment as well as any lost wage. The more money you lose, the higher the value of the claim.

The wrong procedure

This kind of incident is not unusual. It may seem impossible for medical professionals to carry out the wrong procedure on patients, but it does happen. A surgeon who makes the mistake could be held accountable for malpractice. If a patient is injured due to an error during surgery may be held accountable for any errors that occured during the procedure.

A health care professional accused of malpractice has to prove that the patient was injured as a result of an action or failure to take action. To establish this the legal team representing the patient must demonstrate: (1) that the doctor was required to provide treatment or care to the patient; (2) that he did not fulfill that duty; (3) that a causal connection exists between the negligence and injury; and (4) the injuries result in damages that the legal system can address.

A breach of the duty of care is insignificant unless it causes injury, that's why medical malpractice claims are typically based on a legal doctrine called "res ipsa loquitur." This law states that, in a lot of instances certain injuries are obvious and evident that they can only be explained by negligent acts.

Depending on the circumstances the plaintiff (the person who filed the claim or their legal representative) or their lawyer could decide to file a lawsuit in either state or federal court. The majority of malpractice cases are filed in state court, however in certain situations medical malpractice lawsuits may be filed in federal district court.

Wrong Surgery

The wrong-site surgery is a common error, but it may be considered medical negligence if the procedure is performed on the wrong area of the body. This type of error is typically due to miscommunication between members of a surgical team, or production pressure that leads to the surgeon being tasked with multiple surgeries at the same time. In these cases, a surgeon is not solely responsible for a misplaced procedure due to a legal rule known as "res ipsa locquitur" which says that the result speaks for itself and cannot be attributed to negligence.

When a patient is injured during surgery that is performed on the wrong site it is possible that he or she will require additional treatments to correct problems that are aggravated due to the surgical error. This can result in high medical expenses for patients as well as their families. It is crucial to take these costs into consideration when calculating the financial impact of medical malpractice lawsuits.

Surgeons are most often held accountable for surgical errors since they are the ones who are responsible for properly making preparations for the operation, double-checking the patient's chart and medical records, communicating effectively with other members of the medical team and making sure the incision is done at the correct place. However, in some cases an anesthesiologist or hospital may also be accountable. Medical malpractice lawsuits are usually filed in state courts. However, in certain situations, they can be transferred to federal court.