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Common Causes of Malpractice Litigation

Malpractice litigation can be a difficult procedure. Whether or not the error constitutes malpractice depends on whether the patient can establish four legal elements: a professional duty breach of this duty; injury caused by the breach and damages that can be quantifiable.

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

Incorrect diagnosis and failure to diagnose

A physician's inability to diagnose an illness or injury can lead to serious complications or even death. Misdiagnosis is a common cause of medical negligence. To prove negligence, a person or their lawyer must show that a qualified doctor in similar circumstances would not have misdiagnosed a condition.

Misdiagnosis does not always constitute negligence. Even highly trained and experienced doctors make mistakes, so a claim of malpractice must be supported by other elements such as breach, proximate causality and actual injury. For example the case where a physician does not take the time to sterilize their equipment prior to giving anesthesia and the patient suffers an infection due to the infection the doctor may be liable for malpractice.

Legal actions claiming malpractice are usually filed in state trial courts where the alleged malpractice took place. However, federal courts may have jurisdiction under limited circumstances. For instance, a case could be filed in federal court if it involves an issue regarding the time limit for filing a claim or if there is a substantial diversity of citizenship of the parties in the case. Certain disputes are settled through arbitral arbitration, which is a binding process. This is a less-formal process that involves professional decision makers. It is designed to reduce costs, speed up legal process, and reduce the risks associated with generous juries. Arbitration is not available in all instances of misconduct.

The wrong dosage of medication

Medication errors, also referred to as medication errors, are one of the most common causes of medical malpractice lawsuits. They can be caused by a physician prescribing the wrong medication or administering the wrong dosage to the patient. These errors are generally preventable. According to the situation the situation, a pharmacist, a hospital or other health care provider could be held accountable for injuries caused by an individual who took the wrong dose of a drug.

A doctor might prescribe the incorrect medication to a patient because of an inaccurate diagnosis or simply by misreading the prescription. A health care professional may also administer the incorrect dosage due to a lapse in communication. For example, a nurse may read a doctor's script incorrectly or a pharmacist might make an error when filling the prescription. In other instances the doctor could delay the administration of the correct medication, which could cause the patient's condition to worsening.

A plaintiff must prove in order to prevail on a malpractice claim that the medical professional violated their professional standards and that their injuries were directly caused by the negligence. This requires testimony from a medical expert. Medical malpractice cases also must prove the severity and damages of the victim's injuries. This includes the cost of treatment as well as any lost wage. The greater the loss of the claim, the greater the value of the claim.

Wrong Procedure

It might seem unlikely for medical professionals to perform the wrong procedure on a patient, however, this type of event can occur. A surgeon who commits this error could be held accountable for negligence. However patients who are injured as a result of a surgical error may also be held liable for any negligence that occurred along the path to the procedure.

A health professional accused of Malpractice lawyers must prove that the patient was injured due to an action or failure to take action. To establish this, the legal team representing the patient must show: (1) that the doctor was required to provide treatment or care to the patient; (2) that he violated his duty; (3) that a causal link exists between the negligence and injury; and (4) the injury causes damages that the legal system can address.

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

Based on the facts of the situation, the plaintiff (the patient or their legally designated representative) or their attorney can file the claim in state or federal court. Most malpractice attorneys cases are filed in state court. However, under limited circumstances medical malpractice lawsuits can be brought 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 part of your body. This type of mistake is usually caused by miscommunications between members of the surgical team, or by pressures on production that result in the surgeon performing multiple surgeries at once. In these instances, the surgeon is not all-in on his responsibility for a surgical error that is not performed correctly because there is the legal principle known as "res ipsa loquitur" which means that the result of the error speaks for itself and can only be attributed to negligence.

If a patient is injured during surgery that is performed on the wrong site the patient may require additional treatments to correct issues that were caused by the mistake. Patients and their families are left with high medical bills. It is crucial to take these costs into consideration when calculating the financial cost of medical malpractice claims.

Most often surgeons are held accountable for surgical errors. They are accountable to prepare the patient for the procedure, as well as checking the chart and medical records of the patient, communicating with the medical personnel, and ensuring that the incision was placed in the proper location. However, in some instances a hospital or anesthesiologist may also be accountable. Medical malpractice claims are typically filed in state court, but can be transferred under certain circumstances to federal court.