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Common Causes of Malpractice Litigation

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

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

Incorrect diagnosis and failure to diagnose

Inability to recognize an injury or illness accurately can cause serious complications, or even death. A large number of medical malpractice cases involve mistaken diagnosis. To prove negligence, a person or their lawyer must show that a skilled doctor in similar circumstances would not have misdiagnosed a condition.

Misdiagnosis does not always constitute malpractice. Even highly trained and experienced doctors make mistakes, so an allegation of malpractice needs to be supported by other elements such as breach, proximate cause and actual injury. If a doctor does not sterilize his equipment prior to giving anesthesia, and the patient is infected as a result of this, the doctor may be guilty.

Lawsuits alleging malpractice are typically filed in state trial courts where the alleged malpractice took place. However, federal courts may have jurisdiction in certain situations. A case may be brought before a federal court in specific circumstances. For instance it could be disputes over a statute of limitation or when the parties are of different citizenships. Alternatively, some claims are settled through voluntary binding arbitration. This is a less-formal process that is governed by professional decision makers. It is designed to reduce costs, expedite the legal proceedings, and eliminate the risk of overly generous juries. However, arbitration is not available for all malpractice claims.

Dosage of a drug that is incorrect

Medication errors, also referred as medication mistakes, are one of the main reasons for medical malpractice suits. These errors are caused by a physician submitting prescriptions in the wrong format, or giving the patient the incorrect dosage. These errors are generally preventable. According to the circumstances, a hospital or its staff, a pharmacist or other health care provider could be held responsible for the injuries sustained by patients who were given the wrong dosage of medication.

A doctor might prescribe the wrong medicine because of a misdiagnosis or by simply misreading the prescription. A health care professional could also administer the wrong dosage because of an issue with communication for example, when a nurse reads the handwritten prescription of a doctor incorrectly or the pharmacist commits an error in filling out the prescription. In other cases the doctor may delay administering the correct medication to the patient, resulting in the patient's condition getting worse.

To prevail in a malpractice lawsuit, a victim must prove that the medical professional violated their duty of care and that negligence directly caused their injuries. This requires medical experts to be present. Moreover, a medical malpractice case must establish the severity of the injuries suffered by a victim and the damages they suffered as a result of the negligence. This includes the cost of treatment and any wage loss. The greater loss is then, the more valuable the claim will be.

Wrong Procedure

It's not likely that medical professionals would carry out the wrong procedure on a patient, however, this kind of thing occurs. The surgeon who commits this error may be held to be liable for malpractice. However those who are injured by a surgical mistake could also be held accountable for any negligence that occurred on the way to the procedure.

Any health care professional who is accused of malpractice must prove that the patient was hurt due to a specific act or inaction. To establish this the legal counsel of the patient must show that: (1) the doctor was under an obligation to provide care or treatment; (2) that the doctor did not fulfill this duty; (3) that there is a direct causal connection between the breach and the injury; and (4) that the injury results in damages which the legal system has the power to deal with.

A breach of the duty of care is insignificant unless it causes injury which is the reason medical malpractice claims are usually made based on a law called "res ipsa loquitur." This law says that, in a majority of cases, certain injuries are so 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 appointed representative) or their attorney could present the claim to federal or state court. Most malpractice cases are filed in state court, however under certain circumstances, a medical malpractice case can be filed in federal district court.

Wrong Surgery

The wrong-site surgery is a common error, but it can be considered medical negligence if the procedure is carried out on the wrong portion of the body. This kind of error usually occurs as caused by miscommunication between the members of a surgical team or production pressure that leads to the surgeon being assigned multiple surgeries simultaneously. In these cases the surgeon isn't alone in his or her responsibility for a surgical error that is not performed correctly because there is 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 is injured as a result of surgery done on the wrong location and is injured, they may require additional procedures to fix problems caused by the surgical mistake. Patients and their family members are left with hefty medical bills. It is crucial to keep these costs in mind when calculating the financial cost of medical malpractice lawsuits.

The majority of times surgeons are held accountable for surgical mistakes. They are responsible for preparing the patient for the procedure, checking the medical records and chart of the patient, communicating with the medical team, and ensuring that the incision was made at the correct location. In some instances, hospitals or anesthesiologists may also be liable. Medical malpractice lawsuits are usually filed in state courts. However, in certain situations they may be transferred to federal courts.