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Common Causes of Malpractice Litigation

Malpractice litigation is a tense process. The degree to which the error constitutes malpractice depends on the ability of the patient to prove four legal elements: a professional duty; breach of this duty; injury resulted from the breach and tangible damages.

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

Misdiagnosis and Failure to Diagnose

Inability to recognize an injury or illness correctly can lead to serious complications, or death. A lot of medical malpractice cases involve mistakes in diagnosis. To establish negligence, a patient or their lawyer needs to prove that an experienced doctor in similar circumstances would not have misdiagnosed a problem.

Misdiagnosis does not always constitute negligence. Even highly experienced and trained doctors can make errors. Therefore, any claim for malpractice must be supported with other elements like breach, proximate reason and actual injury. If a doctor fails to sterilize his equipment prior the time he administers anesthesia and the patient gets infected as a result of this, the doctor might be held accountable.

Lawsuits that claim malpractice are usually filed in state trial courts, where the alleged misconduct occurred. However, federal courts might have jurisdiction in certain situations. For example, a claim could be filed in federal court if it is disputes over the time limit for filing a claim or when there is a substantial variation in the citizenship of the parties in the case. Certain disputes are settled via arbitral arbitration, which is a binding process. This is a less formal procedure that involves professionals who make the decisions. It is designed to reduce costs, speed up legal proceedings and eliminate the possibility of excessively generous juries. Arbitration is not always available in cases of malpractice.

Dosage for a drug that is not correct

Medication errors--also called medication mistakes--are among the most common causes of medical malpractice lawsuits. They can result from a doctor writing a prescription that is not correct or administering the wrong dosage to a patient. These errors are usually avoidable. According to the circumstances an individual pharmacy, hospital or other health care provider could be held responsible for the injuries caused by a patient who received the wrong dosage of a medication.

A doctor may prescribe the wrong medication to a patient as a result of an incorrect diagnosis or simply because he/she misreads the prescription. A health care professional may also administer the incorrect dosage due to a failure in communication. For example nurses may take a doctor's prescription and read it incorrectly or a pharmacist may have a mistake while filling the prescription. In other cases the doctor might delay the proper medication, which could lead to the patient's condition getting worse.

To be successful in an action for malpractice, a victim must show that the medical professional breached their standard of care, and that the negligence directly contributed to the injuries. This requires the testimony of a medical expert. A medical malpractice attorney case also must prove the extent and damage of the victim's injuries. This includes the cost of treatment for a patient and any lost wages. The greater the loss of the claim, the greater the value of the claim.

Incorrect Procedure

It's not likely that medical professionals would carry out the wrong procedure on a patient but this type of incident can occur. The surgeon who commits this error may be held accountable for malpractice. However, a patient who is injured by a surgical mistake can also be held accountable for any negligence that occurred the path to the procedure.

Any health professional who is accused of misconduct must show that the patient was hurt by a specific act or inaction. To establish this, the patient's legal team must show that: (1) the doctor was in the obligation to provide medical care or treatment; (2) that the doctor did not fulfill this duty; (3) that there is a direct causal relationship between the breach and the injury and (4) that the injury causes damages that the legal system is able to resolve.

A breach of the duty of care is insignificant unless it causes injury, which is the reason medical malpractice claims are usually founded on a legal principle known as "res ipsa loquitur." This law states that, in a majority of cases certain injuries are so evident and obvious that they are only explained by negligence.

Depending on the facts the plaintiff (the person who filed the claim, or their legal representative) or their lawyer can decide to file the case in state or federal court. The majority of malpractice cases are filed in state court. However, in certain situations the medical malpractice lawsuit can be filed in federal district court.

Wrong Surgery

Wrong-site surgery is a rare error, but it could be considered medical negligence if the procedure is carried out on the wrong portion of the body. This type of error usually occurs as due to miscommunication between members of a surgical team, or production pressure that leads to the surgeon being tasked with multiple surgeries simultaneously. In these situations, the surgeon is not all-in on his liability for a wrong-site surgery due to a legal rule known as "res ipsa loquitur" which means that the consequence of the error is evident and can only be attributed to negligence.

If a patient gets injured due to surgery performed on the wrong site and is injured, they may require additional procedures to repair problems caused by the mistake. This could result in expensive medical expenses for patients and their families. These expenses must be considered when calculating the financial impact of medical malpractice lawyers claims.

Most often surgeons are liable for surgical mistakes. They are responsible for preparing the patient for the procedure, checking the medical records and chart of the patient, coordinating with the rest of the medical personnel, and ensuring that the incision was made at the correct location. In some instances, a hospital or anesthesiologist could also be held accountable. Medical malpractice claims are usually filed in state courts, but under certain circumstances they may be transferred to federal courts.