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Common Causes of Malpractice Litigation

Malpractice litigation involves a complex procedure. If a patient can prove four elements, it will decide whether or not the mistake is a case of malpractice. These are: a professional obligation; a breach of that duty; an injury resulting from the breach; and quantifiable damages.

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

Undiagnosed or Incorrectly Diagnosed

The inability of a doctor to correctly diagnose an illness or injury could result in grave complications, or even death. Incorrect diagnosis is a common reason for medical malpractice. To prove negligence, a patient or their lawyer must demonstrate that an experienced doctor in similar circumstances would not have misdiagnosed an illness.

There are many misdiagnosis that could be considered an error, but. Even highly skilled and experienced doctors make mistakes. Therefore, a claim for malpractice must be supported with other elements such as breach, proximate cause or malpractice actual injury. If a doctor fails to sterilize his equipment prior to giving anesthesia, and the patient develops an infection due to this, he could be liable.

The majority of lawsuits involving malpractice law firms are filed in state trial courts where the alleged misconduct occurred. Federal courts may, however, have jurisdiction in certain circumstances. A claim may be filed before a federal court in certain circumstances. For example it could involve an issue regarding a statute of limitation or when the parties are of different nationalities. Some claims can be settled through voluntary binding arbitration. This is a less formal procedure which involves professionals who make the decisions. It is designed to reduce expenses, speed up the legal proceedings, and eliminate the risks associated with large juries. However, arbitration is not available for all malpractice claims.

Wrong Drug Dosage

Medication errors are one of the main causes of medical malpractice (weblink) lawsuits. They can be caused by a physician prescribing a prescription in error or delivering the wrong dose to the patient. These mistakes are usually avoidable. In the event of an incident, a pharmacy, a hospital or other health care provider could be held responsible for injuries caused by a patient who was given the wrong dosage of a medication.

A doctor could prescribe the wrong drug because of a misdiagnosis or simply misreading the prescription. A health care professional could also prescribe the wrong dosage due to a breakdown in communication like when a nurse reads a doctor's handwritten script incorrectly or the pharmacist commits an error in filling out the prescription. In other instances, a doctor could delay the administration of the correct medication to the patient, which could result in their condition deteriorating.

A person who suffers from a medical malpractice claim must prove, for the sake of winning a malpractice lawsuit, that the medical professional breached their standard of practice and that their injuries were directly attributed to the negligence. This requires testimony from a medical expert. A medical malpractice case must establish the extent and damage of the victim's injuries. This includes the cost of treatment and any lost wage. Generally, the greater a loss is in the greater value of the claim will be.

Unskillful Procedure

This type of incident is not unusual. It might seem impossible for medical professionals to perform the incorrect procedure on patients, however, it happens. If a surgeon makes this error may be held accountable for negligence. However, a patient who is injured by a surgical mistake could also be held responsible for any negligence that occurred on the way to the procedure.

A health care professional who is accused of malpractice must demonstrate that the patient was injured as a result of the specific act or failure to act. To prove this the legal team representing the patient must prove that: (1) the doctor was bound by a duty to provide care or treatment; (2) that the doctor violated that 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 is able to resolve.

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

Depending on the facts of the situation, the plaintiff (the patient or their legally designated representative) or their attorney could file the claim in state or federal court. The majority of malpractice cases are filed in state courts, but in certain situations the medical negligence lawsuit can be brought to federal district court.

Wrong Surgery

The wrong-site surgery is rare, but can be considered medical malpractice when the procedure is done in the wrong part of your body. This type of error is typically caused by miscommunication between members of a surgical team, or production pressure that results in an individual surgeon being assigned multiple surgeries simultaneously. In these cases the surgeon isn't alone in his or her liability for a wrong-site surgery since there is a legal rule known as "res ipsa loquitur" which means that the result of the error is evident and cannot be attributed to negligence.

When a patient is injured due to surgery performed on the wrong site it is possible that he or she will require additional procedures to correct issues that were caused due to the surgical error. Patients and their family members are left with hefty medical bills. It is essential to take these costs into consideration when calculating the financial burden of medical malpractice claims.

Surgeons are usually found to be responsible for surgical mistakes since they are the ones who are responsible for properly preparing for the operation, double-checking the patient's chart and medical records, coordinating effectively with the other members of the medical team and making sure that the incision has been done at the correct place. However, in some instances a hospital or anesthesiologist may also be held responsible. Medical malpractice claims are generally filed in state courts. However, under certain circumstances, they can be transferred to federal court.