Common Causes of Malpractice Litigation

Malpractice litigation is a tense procedure. If a patient can prove four factors, it will determine whether or not the error is a case of malpractice. These are professional obligations and a breach of that obligation; an injury that results from this breach; and measurable damages.

Plaintiffs must also prove these elements by presenting evidence such as expert testimony, depositions, or discovery.

Incorrect diagnosis or failure to diagnose

Failure to identify an illness or injury accurately can result in serious complications, or death. Many medical malpractice cases result from mistakes in diagnosis. To prove negligence the patient or their lawyer must demonstrate that a competent doctor under similar circumstances and in the same field would not have misdiagnosed the condition.

There are many misdiagnosis that could be considered malpractice, however. Even the most experienced and highly trained doctors make mistakes. Therefore, any claim of malpractice has to be supported by other elements like breach, proximate cause and actual injury. For instance If a doctor does not take the time to sterilize their equipment prior to administering anesthesia, and the patient develops an infection due to the infection the doctor could be guilty of malpractice.

In the majority of cases, lawsuits that allege malpractice will be filed in the state trial court where the malpractice was alleged to have occurred. However, federal courts might be able to hear cases in specific circumstances. For instance, a case could be filed in federal court if it involves a dispute over the time limit or when there is a significant variation in the citizenship of the parties to the case. Alternatively, some claims are settled through voluntary binding arbitration. This is a less formal procedure with professional decision makers. It is intended to save costs, expedite legal proceedings, and eliminate the risk of overly generous juries. Arbitration is not always available in cases of misconduct.

Wrong Drug Dosage

Medication errors--also called medication mistakes--are one of the main causes of medical malpractice lawsuits. These errors could be caused by a physician submitting prescriptions in a wrong format or giving the patient the wrong dosage. These errors are usually avoidable. According to the circumstances, a pharmacy, a hospital or other health care provider could be held accountable for the harm caused by patients who were given the wrong dose of a drug.

A doctor could prescribe the wrong medication because of a misdiagnosis or simply not understanding the prescription correctly. A health care provider can also prescribe the wrong dosage due to a lapse in communication. For example the nurse might read a doctor's script incorrectly or a pharmacist might make a mistake when filling the prescription. In other instances the doctor may delay the proper medication to the patient, which could result in their condition worsening.

To prevail in an action for malpractice, a victim must establish that the medical professional violated their standard of care, and that negligence directly caused the injuries. This requires medical experts to provide evidence. Additionally, a medical malpractice claim must establish the extent of the victim's injuries as well as the damages they suffered because of the negligence. This includes the cost of treatment as well as any wages lost. The more loss you suffer of the claim, the greater the value of the claim.

Unskillful Procedure

It may seem impossible for medical professionals to perform the incorrect procedure on a patient, however, this type of event does occur. A surgeon who commits this mistake could be held accountable for negligence. A patient who suffers injury as a result of a surgical error may be held responsible for any negligence that occurred during the procedure.

Any health professional who is accused of malpractice must show that the patient was hurt through a specific act or inaction. To prove this, the patient's legal team must demonstrate that: (1) the doctor had a duty to provide care or treatment; (2) that the doctor breached this duty; (3) that there is a direct causal link between the breach and the injury and (4) that the injury causes damages that the legal system can address.

A breach of the duty of care is meaningless unless it causes injury which is why medical malpractice lawsuits are generally founded on a legal principle known as "res ipsa loquitur." This law says that, in a majority of cases certain injuries are obvious and unmistakable that they can only be explained by negligent acts.

Depending on the facts of the case, the plaintiff (the patient or their legally designated representative) or their attorney may make the claim in a federal or state court. The majority of malpractice cases are filed in state court, but under certain circumstances medical malpractice lawsuits could be filed in federal district court.

Wrong Surgery

A wrong-site procedure is a rare error, but it can be considered medical malpractice when the procedure is carried out on the wrong portion of the body. This type of error is usually the result of miscommunications between members of the surgical team or production pressures that result in surgeons having multiple surgeries at once. In these cases, the surgeon is not alone in his or her responsibility for a surgical error that is not performed correctly due to a legal principle called "res ipsa loquitur" which means that the consequence of the error is evident and can only be attributed to negligence.

If a patient is injured during an operation that was performed on the wrong site it is possible that the patient will require additional procedures in order to correct issues that were caused due to the error. This results in costly medical expenses for patients and their families. It is essential to take these costs into account when calculating the financial cost of medical malpractice lawsuits.

The majority of times surgeons are accountable for surgical mistakes. They are accountable to prepare the patient for surgery, reviewing the medical record and chart of the patient, communicating with the rest of the medical team, and ensuring that the incision was placed at the right place. In certain instances hospitals or anesthesiologists may also be held responsible. Medical malpractice lawsuits are typically filed in state court but can be transferred under certain circumstances to federal court.