Common Causes of Malpractice Litigation

The process of bringing a malpractice lawsuit is a complex procedure. If a patient can prove four elements, it will determine whether or not the mistake is malpractice. These are professional obligations in breach of this duty; a loss resulting from the breach; and quantifiable damages.

Plaintiffs must also prove the elements using evidence like expert testimony and depositions.

Incorrect diagnosis and failure to diagnose

Failure to identify an injury or illness in a timely manner 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 in similar circumstances and working in the same specialty would not have misdiagnosed the condition.

The misdiagnosis of a patient does not always mean negligence. Even experienced and highly trained doctors can make errors. Therefore, a claim for malpractice must be backed by other elements, such as breach, proximate causes and actual injury. For example If a doctor does not take the time to sterilize their equipment before administering anesthesia and the patient suffers an infection due to the infection the doctor could be guilty of malpractice.

Legal actions claiming malpractice are usually filed in state trial courts, where the alleged misconduct occurred. Federal courts may be able to handle the case in certain situations. A claim may be filed before a federal court in certain circumstances. For example it could be an issue regarding a statute of limitation or in the event that the parties have different nationalities. Additionally, some cases are settled through voluntary binding arbitration. This is a less formal procedure with professional decision makers. It is intended to cut costs, expedite legal proceedings and remove the risk of overly generous juries. However, arbitration is not available for all claims of malpractice attorneys.

The wrong dosage of medication

Medication mistakes, also referred to as medication errors, are one of the most common causes of medical malpractice lawsuits. These errors are caused by a physician submitting a prescription in the wrong format, or giving the patient the wrong dosage. These errors are typically preventable. Based on the circumstances the pharmacy, hospital or other health care provider could be held accountable for the harm caused by a patient who received the wrong dosage of a medication.

A doctor could prescribe the wrong medicine because of a misdiagnosis or by simply misreading the prescription. A health care professional may also give the wrong dosage due to a breakdown in communication. For example nurses might interpret a doctor's prescription incorrectly or a pharmacist could fail to fill the prescription. In other situations doctors may delay in administering the correct medication to the patient, resulting in their condition becoming worse.

To be successful in a malpractice lawsuit, a victim must establish that the medical professional violated their standard of care and that their negligence directly led to the injuries. This requires medical expert testimony. A medical malpractice claim also must establish the extent and damage of the victim's injuries. This includes the costs of a person's treatment and any lost wages. Generally, the greater a person's losses are, the more valuable the claim will be.

The wrong procedure

It might seem absurd that medical professionals would carry out the wrong procedure on a patient but this type of incident does occur. A surgeon who commits this kind of error could be held to be liable for negligence. However, a patient who is injured due to a surgical error can also be held accountable for any negligence that occurred the way to the procedure.

A health care professional accused of malpractice must demonstrate that the patient was injured because of a specific act, or inability to take action. To prove this, the legal team representing the patient has to prove: (1) that the doctor was legally obligated to provide care or treat the patient; (2) that he violated his duty; (3) that a causal connection exists between the breach and injury and (4) the injury results in damages the legal system can address.

A breach of the duty of care is insignificant unless it causes injury, which is why medical malpractice lawyers claims are typically built on a legal concept called "res ipsa loquitur." This law states that, in a majority of cases certain injuries are so obvious and evident that they are only explained by negligent actions.

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

Wrong Surgery

Surgery performed on the wrong site is a very rare mistake, but it could be considered medical malpractice if the procedure is performed on the wrong side of the body. This kind of error is usually the result of miscommunication between the members of a surgical team, or production pressure that leads to the surgeon being tasked with multiple surgeries at one time. In these cases, the surgeon is not alone in his or her responsibility for a surgical error that is not performed correctly because there is a legal rule known as "res ipsa loquitur" which means that the outcome of the error speaks for itself and can only be attributed to negligence.

When a patient is injured during surgery that is performed on the wrong site it is possible that he or she will require additional procedures to repair problems caused due to the surgical error. This results in costly medical expenses for patients and their families. It is crucial to take these costs into account when calculating the financial burden of medical malpractice claims.

Surgeons are most often held accountable for surgical errors as they are the ones who are responsible for properly prepping for the operation as well as double-checking the patient's charts and medical records, communicating effectively with the other members of the medical team, and making sure the incision is done at the correct place. However, in certain instances a hospital or anesthesiologist may be held accountable. Medical malpractice cases are typically filed in state courts, but under certain circumstances they may be transferred to federal courts.