Common Causes of Malpractice Litigation

Malpractice litigation is a tense process. If a patient is able to prove four elements, it will be able to determine whether or not the error is malpractice. These are professional obligations in breach of this duty; a loss resulting from the breach; and measurable damage.

Plaintiffs must also prove these elements with evidence like expert testimony, depositions, or discovery.

The wrong diagnosis and the inability to recognize

Failure to diagnose an illness or injury accurately can cause serious complications, or even death. A large number of medical malpractice cases involve incorrect diagnosis. To prove negligence the patient or their attorney must prove that a competent physician under similar circumstances and working in the same area would not have misdiagnosed the problem.

Misdiagnosis does not always constitute malpractice. Even highly trained and experienced doctors make mistakes. Therefore, a claim of malpractice must be supported by other elements like breach, proximate causation, and actual injury. If a physician fails to sterilize his equipment prior to administering anesthesia and the patient gets infected as a result of this, the doctor may be held accountable.

Lawsuits that claim malpractice attorney are usually filed in state trial courts, where the alleged misconduct occurred. Federal courts can, however, have jurisdiction in certain situations. For instance, a case could be filed in federal court if there is an issue regarding the time limit for filing a claim or when there is a significant diversity of citizenship of the parties involved in the case. In other cases, certain claims are settled through voluntary binding arbitration. This is a less formal process that involves professionals who make the decisions. It is intended to save costs, speed up legal proceedings and remove the possibility of excessively generous juries. However, arbitration isn't available for Malpractice all malpractice claims.

Wrong Drug Dosage

Medication errors are one of the most common causes of medical malpractice lawsuits. These errors are caused by a doctor writing a prescription in the wrong format or giving the patient the wrong dosage. These errors are generally preventable. Depending on the circumstances the hospital or its staff, a pharmacist or other health care provider could be held accountable for the injuries of a patient who was given the wrong drug dosage.

A doctor could prescribe the wrong medication because of a misdiagnosis or simply misreading the prescription. A health care professional may also prescribe the wrong dosage due to a failure in communication. For example, a nurse may read a doctor's script incorrectly or a pharmacist might make a mistake when filling the prescription. In other instances the doctor may delay delivering the correct medication, which could cause the patient's condition to worsening.

To win a malpractice case, a victim must show that the medical professional breached their duty of care and that the negligence directly caused the injuries. This requires medical experts to provide evidence. Additionally, a medical malpractice case must demonstrate the extent of the injuries suffered by a victim and the damages they suffered because of the negligence. This includes the cost of treatment and any wage loss. The more loss you suffer 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 can occur. A surgeon who commits this mistake can be held liable for malpractice. However the patient who is injured as a result of a surgical error may also be held liable for any negligence that occurred along the path to the procedure.

Any health care professional who is alleged to be negligent must show that the patient was harmed by a specific action or inaction. To prove this, the legal team representing the patient must show: (1) that the doctor was obligated to provide care or treat the patient; (2) that he did not fulfill that duty; (3) that a causal link exists between the negligence and injury; and (4) the injury causes damages that which the legal system may address.

A breach of the duty of care is not relevant unless it causes injury that's why medical malpractice claims are typically made based on a law called "res ipsa loquitur." This law states that, in a lot of instances certain injuries are so obvious and recognizable that they can only be explained through negligent actions.

Based on the facts depending on the facts, the plaintiff (the person who filed the claim or their legal representative) or their lawyer may decide to file the case in either state or federal court. Most malpractice cases are filed in state court, however in certain situations the medical malpractice lawsuit could be filed in federal district court.

Wrong Surgery

Surgery performed on the wrong site is a very rare error, but it could be considered medical malpractice if the procedure is performed on the wrong side of the body. This kind of error is often the result of miscommunication between members of a surgical team or production pressure that leads to the surgeon being tasked with multiple surgeries simultaneously. In these cases, a surgeon is not solely responsible for a misplaced procedure because of a legal principle known as "res ipsa locquitur" which states that the outcome speaks for itself and cannot be attributed to negligence.

If a patient is injured by wrong-site surgery and is injured, they may require additional procedures to repair issues that were caused by the surgical error. This could result in expensive medical expenses for patients as well as their families. These expenses should be considered when calculating the financial impact of medical malpractice claims.

Most often, surgeons are held responsible for surgical errors. They are responsible in preparing the patient for the procedure, checking the medical records and charts of the patient, communicating with the medical team, and ensuring that the incision was made in the proper location. In certain instances hospitals or anesthesiologists can also be held liable. Medical malpractice claims are usually filed in state courts, however, under certain circumstances, they can be transferred to federal court.