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Common Causes of Malpractice Litigation

Malpractice litigation involves a complex process. Whether or not an error is considered to be malpractice is dependent on whether the patient is able to prove four legal elements that include a professional obligation; breach of this duty; harm resulting from the breach; and quantifiable damages.

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

Incorrect diagnosis and inability to diagnose

The inability of a doctor to correctly diagnose an illness or injury can lead to grave complications, or even death. Many medical malpractice cases involve incorrect diagnosis. To prove negligence the patient or their lawyer must demonstrate that a competent doctor in similar circumstances and working in the same area would not have misdiagnosed the condition.

There are many misdiagnosis that could be considered an error, but. Even the most skilled and trained doctors make mistakes, and a claim of malpractice must be supported by other factors such as breach, proximate causation and actual injury. For instance when a doctor does not take the time to sterilize their equipment prior to administering anesthesia and the patient develops an infection in the process the doctor may be guilty of malpractice.

In the majority of instances, lawsuits claiming that there was a mistake will be filed in the state trial court in which the alleged misconduct occurred. However, federal courts could have jurisdiction in certain situations. For instance, a lawsuit may be brought in federal court in the event of the interpretation of the statute of limitations or in the event of a significant variation in the citizenship of those involved in the dispute. Alternatively, some claims are resolved through binding arbitration that is voluntary. This is a less formal process involving professional decision makers that is intended to save costs, speed up legal proceedings, and eliminate the possibility of excessively generous juries. However, arbitration isn't available for all malpractice claims.

The wrong dosage of medication

Medication errors, often referred to as medication errors are among the most common causes of medical malpractice suits. These errors could be caused by a doctor writing prescriptions in the wrong format, or giving the patient the incorrect dosage. These errors are typically preventable. Depending on the circumstances, a hospital, its staff, a pharmacist or other health professionals could be held responsible for the harms suffered by the patient who received the wrong dosage of a drug.

A doctor may prescribe the incorrect medication to a patient as a result of an inaccurate diagnosis or simply because he/she misreads the prescription. A health care provider may also administer the wrong dosage because of an interruption in communication for example, when nurses read a doctor's handwritten script incorrectly or the pharmacist commits an error in filling the prescription. In other cases the doctor could delay the proper medication, which can result in the patient's health getting worse.

To be successful in a malpractice case, the victim must establish that the medical professional acted in breach of their standard of care, and that the negligence directly caused their injuries. This requires testimony from a medical expert. Moreover, a medical malpractice law firm claim must establish the extent of the injuries suffered by a victim and the damages they sustained because of the negligence. This includes the costs of treatment for a patient and any wages lost. The greater loss is then, the more valuable the claim will be.

Incorrect Procedure

It might seem absurd that medical professionals would carry out the incorrect procedure on a patient, but this type of mishap is quite common. A surgeon who makes this error could be held liable for negligence. However those who are injured as a result of a surgical error 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 injured by a specific act or failure to act. To establish this, the patient's legal team must demonstrate that: (1) the doctor was under a duty to provide care or treatment; (2) that the doctor violated that duty; (3) that there is a direct causal connection between the breach and the injury and (4) that the injury results in damages that the legal system is able to resolve.

A breach of duty of care is no meaning unless it results in injury. This is the reason medical malpractice cases are often dependent on the lawful doctrine "res ipsa locquitur" which says that certain injuries are so obvious they can only be explained by negligence.

Depending on the facts the plaintiff (the person who filed the claim or their legal representative) or their lawyer could choose to file either in state or federal court. The majority of malpractice cases are filed in state court, however under limited circumstances the medical malpractice lawsuit may be filed in federal district court.

Wrong Surgery

The wrong-site surgery is rare but it could be considered medical malpractice when the procedure is done in the wrong location of your body. This type of mistake 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 instances the surgeon is not solely responsible for a misplaced procedure due to a legal principle known as "res ipsa locquitur" which states that the outcome speaks for itself and cannot be attributed to negligence.

If an individual is injured in an improper procedure and is injured, they may require additional procedures in order to correct problems that were exacerbated by the error. Patients and their family members are left with hefty medical bills. It is important to take these costs into account when calculating the financial cost of medical malpractice lawsuits.

The majority of times, surgeons are held responsible for surgical mistakes. They are accountable to prepare the patient for the procedure, examining the chart and medical records of the patient, communicating with the rest of the medical team, and ensuring that the incision was made in the proper location. However, in some cases hospitals or anesthesiologists may also be accountable. Medical malpractice claims are typically filed in state courts, but may be transferred in certain circumstances to federal court.