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Common Causes of Malpractice Litigation

Malpractice litigation is a complex procedure. The question of whether or not an error is considered to be malpractice is dependent on whether the patient can establish four legal elements that include a professional obligation; breach of this duty; injury resulted from the breach and tangible damages.

Plaintiffs must also prove these elements with evidence such as expert testimony, depositions, and malpractice lawyers discovery.

The wrong diagnosis or the inability to diagnose

Failure to diagnose an injury or illness correctly could lead to serious complications, or death. A lot of medical malpractice lawyer 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 condition.

Every misdiagnosis can be considered to be malpractice, however. Even highly experienced and trained doctors are not immune to mistakes. Therefore, any claim for Malpractice lawyers must be backed up by other elements such as breach, proximate causes and actual injury. If a doctor fails sterilize his equipment prior to administering anesthesia and the patient is infected because of this, the doctor could be found to be negligent.

In most cases, lawsuits alleging malpractice will be filed in the state trial court in which the alleged error occurred. Federal courts may, however, have jurisdiction in certain instances. A claim can be brought before a federal court in specific circumstances. For example it could be the issue of the statute of limitations or in the event that the parties have different nationalities. In other cases, certain claims are resolved through binding arbitration that is voluntary. This is a less formal procedure which involves professional decision makers and is intended to cut costs, speed up legal proceedings and eliminate the risk of overly generous juries. Arbitration is not available in all instances of misconduct.

Wrong Drug Dosage

Medication errors, also referred as medication mistakes, are one of the main causes of medical malpractice suits. These errors are caused by a physician who writes a prescription in the wrong format or giving the patient the incorrect dosage. These errors are typically preventable. In certain circumstances the hospital staff member, a pharmacist or other health care professionals could be held accountable for the injuries of patients who were given the wrong dose of medication.

A doctor could prescribe the wrong medication to a patient because of an incorrect diagnosis or simply by misreading the prescription. A health professional could also administer the incorrect dosage due to a breakdown in communication. For example nurses may take a doctor's prescription and read it incorrectly or a pharmacist may make an error when filling the prescription. In other cases the doctor could delay giving the correct medication, which can lead to the patient's condition getting worse.

A person seeking compensation must prove, in order to prevail on a malpractice lawsuit that the medical professional breached their standards of practice 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 the injuries suffered by a victim and the damages they suffered because of the negligence. This includes the cost of treatment for a patient and any lost wages. The greater person's losses are and the greater the value of the claim will be.

Incorrect Procedure

It may seem impossible for medical professionals to perform the wrong procedure on a patient, however, this type of event does occur. A surgeon who commits this mistake can be held liable for negligence. A patient who is injured because of an error during surgery may be held responsible for any error that occurred during the procedure.

A health professional accused of malpractice must prove that the patient was injured as a result of an act or inability to act. To prove this the legal team representing the patient has to prove: (1) that the doctor was required to provide care or treat the patient; (2) that he breached that duty; (3) that a causal link exists between the negligence and injury; and (4) the harm results in damages that the legal system can deal with.

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

Depending on the circumstances of the situation, the plaintiff (the patient or their legally appointed representative) or their lawyer may file the claim in federal or state court. The majority of malpractice cases are filed in state courts, but in certain circumstances a medical negligence case can be brought to federal district court.

Wrong Surgery

A wrong-site procedure is a rare mistake, but it could be considered medical malpractice when the procedure is carried out on the wrong portion of the body. This kind of error usually occurs as due to miscommunication between members of a surgical team or production pressure that results in the surgeon being assigned multiple surgeries simultaneously. In these situations the surgeon isn't solely accountable for a mistaken-site procedure because of the legal principle of "res ipsa locquitur" which says that the outcome is a matter of fact and cannot be blamed on negligence.

When a patient is injured by wrong-site surgery it is possible that he or she will require additional procedures to fix problems exacerbated by the mistake. Patients and their families are left with costly medical bills. It is important to consider these costs when calculating the financial burden of medical malpractice lawsuits.

Surgeons are typically held accountable for surgical errors because they are the individuals who are responsible for properly getting ready for the procedure and double-checking the patient's medical chart and medical records, coordinating effectively with other members of the medical team, and making sure that the incision is made on the correct site. However, in some instances a hospital or anesthesiologist may also be liable. Medical malpractice claims are generally filed in state courts, but in certain situations, they can be transferred to federal courts.