Common Causes of Malpractice Litigation

Malpractice litigation is a complex procedure. If a person can prove four elements, it will decide whether or not the error is a case of malpractice. These are: a professional obligation and a breach of that obligation; a repercussion from the breach; and quantifiable damages.

Plaintiffs must also prove the elements by using evidence, such as expert testimony and depositions.

Incorrect diagnosis and failure to diagnose

The failure of a physician to accurately diagnose an illness or injury could lead to serious complications or even death. Incorrect diagnosis is a common reason for medical negligence. To establish negligence, a patient or their lawyer needs to prove that an experienced doctor in similar circumstances would not have misdiagnosed a condition.

Misdiagnosis does not always constitute malpractice lawyer. Even highly skilled and experienced doctors are not immune to mistakes. Therefore, a claim of malpractice must be backed up by other elements such as breach, proximate causes and actual injury. If a doctor fails to sterilize his equipment prior to giving anesthesia and the patient develops an infection as a result of this, lawsuit the doctor could be found to be negligent.

Legal actions claiming malpractice are usually filed in state trial courts, where the alleged malpractice attorney took place. Federal courts could, however, have jurisdiction in certain circumstances. A claim can be brought before federal court in certain circumstances. For instance it could be a dispute about a statute of limitation or when the parties are of different nationalities. Some claims can be resolved through binding arbitration that is voluntary. This is a less formal process which involves professionals who make the decisions. It is designed to cut costs, speed up legal process, and remove the risk that comes with large juries. Arbitration is not accessible in all cases of malpractice.

Dosage for a drug that is not correct

Medication errors are one of the most frequent causes of medical malpractice lawsuits. These errors could be caused by a physician submitting prescriptions in a wrong format or giving the patient the incorrect dosage. These errors are usually avoidable. According to the circumstances the situation, a pharmacist, a hospital or other health care provider could be held responsible for the harm caused by a patient who received the wrong dose of a drug.

A doctor may prescribe the wrong medication to a patient as a result of an inaccurate diagnosis or simply because they misread the prescription. A health care provider can also give the wrong dosage due to a lapse in communication. For instance nurses might interpret a doctor's prescription incorrectly or a pharmacist may make a mistake when filling the prescription. In other cases, a doctor could delay the administration of the correct medication to the patient, which could result in their condition becoming worse.

A person seeking compensation must prove, for the sake of winning a malpractice lawsuit that the medical professional breached their standards of practice and that their injuries were directly attributed to the negligence. This requires medical experts to testify. Medical malpractice cases also must prove the severity and damage of the victim's injuries. This includes the cost of treatment and any lost wages. The more money you lose, the higher the value of the claim.

Incorrect Procedure

This kind of situation is not uncommon. It may seem impossible for medical professionals to carry out the incorrect procedure on patients, however, it happens. A surgeon who commits the mistake could be held liable for negligence. Patients who are injured as a result of an error in surgery could be held liable for any mistakes that were made during the procedure.

Any health professional who is accused of misconduct must prove that the patient was hurt by a specific act or omission to act. To establish this the legal team of the patient must demonstrate: (1) that the doctor was required to treat or provide care to the patient; (2) that he failed to fulfill his obligation; (3) that a causal link exists between the breach and injury; and (4) the harm results in damages that the legal system can address.

A breach of the duty of care has no significance unless it causes injury, this is why medical malpractice claims are usually based on a legal doctrine called "res ipsa loquitur." This law states that, in a majority of cases, certain injuries are so obvious and recognizable that they can only be explained by negligent actions.

Based on the facts of the situation, the plaintiff (the patient or their legally appointed representative) or their attorney may present the claim to federal or state court. The majority of malpractice cases are filed with state courts, however in certain situations the case of medical negligence could be filed with a federal district court.

Wrong Surgery

Wrong-site surgery is a rare error, but it could be considered medical negligence if the procedure is performed on the wrong area of the body. This type of error is often due to miscommunication between the members of a surgical team, or production pressure that leads to a surgeon being assigned multiple surgeries at once. In these instances, the surgeon is not the only one with liability for a wrong-site surgery due to an underlying legal principle referred to as "res ipsa loquitur" which means that the result of the error is evident and cannot be traced to negligence.

If someone is injured during an improper procedure the patient may require additional procedures to rectify problems that were exacerbated due to the error. Patients and their families are left with high medical bills. It is important to take these costs into account when calculating the financial impact of medical malpractice lawsuits.

The majority of times surgeons are liable for surgical errors. They are responsible in preparing the patient prior to the procedure, as well as checking the medical records and chart of the patient, coordinating with the medical staff, and making sure that the incision was placed in the proper location. In certain instances an anesthesiologist or hospital may also be held responsible. Medical malpractice cases are usually filed in state court, but may be transferred in certain circumstances to federal court.