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Common Causes of Malpractice Litigation

Malpractice litigation involves a complex procedure. If an error is considered to be malpractice is dependent on the ability of the patient to establish four legal elements: a professional duty; breach of this duty; harm resulted from the breach and tangible damages.

Plaintiffs must prove these elements by presenting evidence like expert testimony, depositions and discovery.

The wrong diagnosis or the inability to diagnose

Inability to recognize an injury or illness in a timely manner can lead to serious complications, or even death. Many medical malpractice cases involve incorrect diagnosis. To prove negligence, the patient or their attorney must demonstrate that a competent doctor in similar circumstances and in the same area would not have misdiagnosed the problem.

Misdiagnosis does not always constitute malpractice attorneys. Even the most experienced and highly trained doctors make mistakes, and any claim of malpractice has to be supported by other elements such as breach, proximate causation, and actual injury. For example the case where a physician is not careful to sterilize their equipment prior to giving anesthesia and the patient develops an infection in the process the doctor could be liable for malpractice.

In most cases, lawsuits that allege malpractice will be filed in the state trial court in which the alleged error occurred. Federal courts can be able to handle the case in certain situations. A case can be brought before a federal court in specific circumstances. For instance, it may involve an issue regarding a statute of limitation or if the parties are of different nationalities. Certain disputes are settled through binding arbitration. This is a less formal process that is governed by professional decision makers. It is designed to cut costs, speed up legal process, and reduce the risk associated with overly large juries. Arbitration is not always available in cases of misconduct.

Wrong Drug Dosage

Medication errors are one of the main causes of medical malpractice lawsuits. These errors are caused by a doctor who has submitted a prescription in the wrong format or giving the patient the wrong dosage. These mistakes are often avoidable. According to the circumstances, a hospital staff member, a pharmacist or other health care provider could be held responsible for the injuries suffered by patients who were given the wrong drug dosage.

A doctor may prescribe the incorrect medication to a patient because of an inaccurate diagnosis or simply because they misread the prescription. A health professional could also prescribe the wrong dosage due to a breakdown in communication. For instance, a nurse may interpret a doctor's prescription incorrectly or a pharmacist may make an error when filling the prescription. In other cases the doctor may delay in administering the correct medication to the patient, which could result in their condition worsening.

A plaintiff must prove in order to win a malpractice lawsuit that the medical professional breached their professional standards and that their injuries were directly attributed to the negligence. This requires the testimony of a medical expert. In addition, a medical mishap case must establish the severity of a victim's injuries and the damage they sustained as a result of the negligence. This includes the cost of treatment and any lost wages. The greater person's losses are in the greater value of the claim will be.

Unskillful Procedure

This type of incident is not unusual. It may seem like a challenge for medical professionals to carry out the wrong procedure on patients, but it does happen. A surgeon who makes this error can be found responsible for negligence. However the patient who is injured due to a surgical error can also be held accountable for any negligence that occurred on the way to the procedure.

Any health care professional who is alleged to be negligent must prove that the patient was injured by a specific action or failure to act. To establish this the legal team of the patient must prove: (1) that the doctor was legally obligated to provide care or treat the patient; (2) that he failed to fulfill his obligation; (3) that a causal link exists between the breach and the injury; and (4) the injury results in damages the legal system could address.

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

Depending on the circumstances of the situation, the plaintiff (the patient or their legally appointed representative) or their attorney can file the claim in federal or state court. The majority of malpractice cases are filed in state court, however in certain circumstances medical malpractice lawsuits may be filed in federal district court.

Wrong Surgery

The wrong-site procedure is rare but it could be considered medical malpractice when the procedure is done in the wrong place on your body. This kind of error is often the result of miscommunication between the members of a surgical team or production pressure that leads to a surgeon being assigned multiple surgeries at the same time. In these instances, the surgeon is not solely responsible for his or her 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 outcome of the error is evident and cannot be traced to negligence.

If someone is injured during an incorrect procedure and is injured, they may require additional procedures to rectify issues that were caused by the error. Patients and their families are left with expensive medical bills. It is crucial to take these costs into consideration when calculating the financial cost of medical malpractice lawsuits.

Most often surgeons are liable for surgical errors. They are accountable in preparing the patient prior to surgery, reviewing the medical records and charts of the patient, coordinating with the medical staff, and making sure that the incision was placed in the correct place. In some instances an anesthesiologist or hospital can also be held liable. Medical malpractice claims are typically filed in state court, but they may be transferred under certain circumstances to federal court.