Common Causes of Malpractice Litigation

Malpractice litigation is a complicated process. The degree to which an error is considered to be malpractice is dependent on whether the patient is able to establish four legal elements that include a professional obligation and breach of this duty; harm caused by the breach and the possibility of quantifiable damages.

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

Incorrect diagnosis or failure to diagnose

Inability to recognize an injury or illness correctly can cause serious complications, or even death. Incorrect diagnosis is a common cause of medical malpractice. To establish negligence, a patient or their lawyer must show that a skilled doctor in similar circumstances would not have misdiagnosed an illness.

Every misdiagnosis can be considered to be negligence, but. Even highly-trained and experienced doctors are not immune to mistakes. Therefore, any claim of malpractice must be backed by other factors such as breach, proximate reason and actual injury. For example, if a physician is not careful to clean their equipment prior the time they administer anesthesia and the patient suffers an infection in the process the doctor could be liable for malpractice.

Lawsuits alleging malpractice are typically filed in state trial courts, where the alleged malpractice took place. However, federal courts may have jurisdiction under limited circumstances. For instance, a claim may be brought in federal court if there is the interpretation of the time limit or in the event of a significant variation in the citizenship of the parties to the case. Some claims are settled by arbitration that is binding and voluntary. This is a less-formal process which involves professionals who make the decisions. It is designed to cut expenses, speed up the legal process, and remove the risk associated with overly generous juries. Arbitration is not accessible in all cases of malpractice attorneys.

Dosage for a drug that is not correct

Medication errors, also known as medication mistakes, are one of the most common causes of medical malpractice lawsuits. They can involve a physician prescribing a prescription in error or administering the wrong dosage to patients. These errors are usually avoidable. According to the circumstances the situation, a pharmacist, a hospital or other health care provider could be held accountable for the harm caused by a patient who received the wrong dose of a medication.

A doctor could prescribe the wrong medication because of a misdiagnosis. Or, simply failing to read the prescription. A health professional may also prescribe the wrong dose due to a breakdown in communication, such as when the nurse reads the handwritten prescription of a doctor incorrectly or the pharmacist makes an error in filling out the prescription. In other situations the doctor may delay in administering the correct medication to the patient, which could result in their condition becoming worse.

A victim must prove, in order to prevail on a malpractice lawsuit, that the medical professional violated their standards of practice and that their injuries were directly attributed to the negligence. This requires medical expert testimony. A medical malpractice case also must establish the extent and damages of the victim's injuries. This includes the cost of treatment and any lost wages. The more the loss is, the more valuable of the claim.

Unskillful Procedure

It may seem impossible for medical professionals to perform the wrong procedure on a patient however, this kind of thing does occur. If a surgeon makes this error may be held responsible for malpractice. Patients who are injured as a result of an error during surgery can be held liable for any mistakes that were made during the procedure.

A medical professional accused of malpractice must prove that the patient was injured because of an action or inability to perform the act. To prove this the legal team representing the patient must prove that: (1) the doctor was in an obligation to provide treatment or treatment; (2) that the doctor did not fulfill this duty; (3) that there is a direct causal relationship between the breach and the injury and (4) that the injury results in damages that the legal system is able to be able to address.

A breach of duty of care has no meaning unless it result in injury. This is why medical malpractice cases are typically based on the legal doctrine "res ipsa locquitur," which says that certain injuries are so obvious they can be explained only through negligence.

Depending on the facts of the case, the plaintiff (the patient or their legally appointed representative) or their attorney can present the claim to federal or state court. The majority of malpractice cases are filed in state courts, but in certain situations, a medical negligence lawsuit can be brought to federal district court.

Wrong Surgery

The procedure that is performed on the wrong site is not common, but can be considered medical malpractice if the procedure is performed in the wrong area of your body. This type of error is usually caused by a lack of communication between the members of a surgical team, or production pressure that leads to the surgeon being tasked with multiple surgeries simultaneously. In these instances the surgeon isn't the only one with responsibility for a surgery that was performed on the wrong site due to an underlying legal principle referred to as "res ipsa loquitur" which means that the consequence of the error is evident and cannot be attributed to negligence.

If a patient gets injured due to surgery performed on the wrong site the patient may require additional treatments to correct issues that were caused by the surgical error. Patients and their families are left with expensive medical bills. These expenses must be taken into consideration when calculating the financial consequences of medical malpractice claims.

Surgeons are usually accountable for surgical errors because they are the individuals who are responsible for properly making preparations for the operation, double-checking the patient's chart and medical records, communicating effectively with the other members of the medical team, and making sure the incision is placed at the right place. In some instances the hospital or anesthesiologist could also be held accountable. Medical Malpractice Lawyers lawsuits are typically filed in state court, however, they can be transferred under certain circumstances to federal court.