Common Causes of Malpractice Litigation

Malpractice litigation is a complicated process. If a patient is able to prove four elements, it will decide whether or not the error is malpractice. These are professional obligation; a breach of that obligation; an injury that results from this breach; and measurable damage.

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

Misdiagnosis and Failure to Diagnose

The inability of a doctor to diagnose an illness or injury could lead to serious complications or even death. Many medical malpractice cases involve mistakes in diagnosis. To prove negligence, the patient or their lawyer must demonstrate that a competent doctor in similar circumstances and Malpractice in the same area would not have missed the diagnosis.

Misdiagnosis does not always constitute negligence. Even the most experienced and highly trained doctors make mistakes. Therefore, an allegation of malpractice needs to be supported by other factors such as breach, proximate causation, and actual injury. For instance the case where a physician does not properly sterilize their equipment before administering anesthesia and the patient develops an infection as a result, the doctor could be found to be negligent.

Lawsuits that claim malpractice are usually filed in state trial courts where the alleged malpractice occurred. However, federal courts could have jurisdiction under limited circumstances. For instance, a case may be brought in federal court in the event of an issue regarding the time limit or when there is a substantial variation in the citizenship of the parties in the case. Certain disputes are settled through binding arbitration. This is a less formal process which involves professionals who make the decisions. It is designed to minimize costs, expedite the legal process, and reduce the risk associated with overly large juries. Arbitration is not available in all cases of malpractice.

The wrong dosage of medication

Medication errors, also known as medication errors are among the leading causes of medical malpractice lawsuits. These errors are caused by a physician who writes a prescription in the wrong format, or giving the patient the incorrect dosage. These errors are usually avoidable. Based on the circumstances, a hospital staff member, a pharmacist or other health professionals may be held liable for the injuries of a patient who was prescribed the wrong dosage of a drug.

A doctor might prescribe the wrong medication as a result of a misdiagnosis. Or, simply misreading the prescription. A health professional may also prescribe the wrong dosage because of an issue with communication for example, when nurses read a doctor's handwritten script incorrectly or the pharmacist makes an error in filling out the prescription. In other instances, a physician might delay the proper medication to the patient, which could result in the patient's condition getting worse.

A victim must prove, in order to prevail on a malpractice lawsuit, that the medical professional breached their standards of practice and that their injuries were directly caused by the negligence. This requires the testimony of a medical expert. Moreover, a medical malpractice claim must establish the extent of a victim's injuries and the damages they sustained because of the negligence. This includes the costs of treatment as well as any lost wages. The greater loss is, the more valuable the claim will be.

Incorrect Procedure

It might seem unlikely that medical professionals would carry out the incorrect procedure on a patient, however, this kind of thing occurs. A surgeon who makes this error could be held accountable for negligence. A patient who suffers injury as a result of a surgical error may be held accountable for any negligence that occurred during the procedure.

Any health professional who is accused of negligence must prove that the patient was harmed due to a specific act or failure to act. To prove this the legal team representing the patient must prove: (1) that the doctor was legally obligated to treat or provide care to the patient; (2) that he failed to fulfill his obligation; (3) that a causal link exists between the negligence and injury; and (4) the injuries result in damages that the legal system can address.

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

Depending on the facts of the situation, the plaintiff (the patient or their legally appointed representative) or their attorney can make the claim in a state or federal court. The majority of malpractice cases are filed in state court, however under limited circumstances medical malpractice lawsuits could be filed in federal district court.

Wrong Surgery

Surgery performed on the wrong site is a very rare error, but it can be considered medical malpractice if the procedure is performed on the wrong part of the body. This type of error is often caused by miscommunications between members of the surgical team, or production pressures that result in surgeons having multiple surgeries scheduled at the same time. In these situations the surgeon isn't all-in on his responsibility for a surgery that was performed on the wrong site due to a legal principle called "res ipsa loquitur" which means that the consequence of the error is evident and can be attributed to negligence.

If an individual is injured in an incorrect procedure and is injured, they may need additional procedures to correct problems that were made worse by the mistake. Patients and their family members are left with hefty medical bills. It is essential to keep these costs in mind when calculating the financial impact of medical malpractice claims.

Surgeons are usually found to be responsible for surgical mistakes because they are the ones who are responsible for getting ready for the procedure by double-checking patient's chart and medical records, coordinating effectively with the other members of the medical team, and making sure that the incision is done at the correct place. In certain instances an anesthesiologist or hospital could also be held accountable. Medical malpractice claims are generally filed in state courts. However, in certain situations they may be transferred to federal courts.