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Common Causes of Malpractice Litigation

Malpractice litigation involves a complex process. Whether or not an error is malpractice based on whether the patient can establish four legal elements that include a professional obligation and breach of this duty; injury resulting from the breach; and damages that can be quantifiable.

Plaintiffs must be able to prove the elements using evidence, such as expert testimony and depositions.

Incorrect diagnosis and failure to diagnose

Failure to correctly diagnose an injury or illness in a timely manner can result in serious complications, or even death. A large number of medical malpractice cases involve mistakes in diagnosis. To show negligence, the patient or their lawyer must prove that a qualified doctor in similar circumstances would not have misdiagnosed a problem.

The misdiagnosis of a patient does not always mean negligence. Even highly trained and experienced doctors make mistakes, so an allegation of malpractice needs to be supported by other elements such as breach, proximate causation and actual injury. If a doctor does not sterilize his equipment prior to giving anesthesia and the patient develops an infection as a result of this, he could be held accountable.

Lawsuits alleging malpractice are typically filed in state trial courts, where the alleged error occurred. Federal courts could however have jurisdiction in certain situations. A case can be brought before a federal court in certain circumstances. For example, it may involve disputes over a statute of limitation or if the parties are of different citizenships. Additionally, some cases are settled through voluntary binding arbitration. This is a less formal process that is governed by professional decision makers. It is designed to lower costs, speed up legal proceedings, and eliminate the risk that comes with large juries. Arbitration is not available in all instances of misconduct.

Dosage of a drug that is incorrect

Medication errors, also known as medication errors, are one of the main reasons for medical malpractice lawsuits. They can involve a physician writing a prescription incorrectly or administering the wrong dosage to patients. These errors are usually avoidable. In certain circumstances, a hospital or its staff, pharmacist or other health professionals could be held responsible for the injuries of a patient who was given the wrong drug dosage.

A doctor might prescribe the wrong medicine because of a misdiagnosis. Or, simply misreading the prescription. A health professional may also prescribe the wrong dosage because of a breakdown in communication like when the nurse reads the doctor's handwritten prescription incorrectly or the pharmacist is mistaken in filling out the prescription. In other instances the doctor may delay the administration of the correct medication to the patient, which could result in their condition deteriorating.

To prevail in a malpractice lawsuit, a victim must demonstrate that the medical professional violated their standard of care, and malpractice that the negligence directly contributed to their injuries. This requires medical experts to be able to testify. A medical malpractice claim also must prove the extent and damage of the victim's injuries. This includes the cost of treatment for the victim as well as any lost wages. The greater the loss of the claim, the greater the value of the claim.

Unskillful Procedure

This kind of incident is not uncommon. It may seem like a challenge for medical professionals to perform the incorrect procedure on patients, however, it is a reality. A surgeon who makes this mistake can be held liable for negligence. A patient who suffers injury because of an error in surgery could be held responsible for any negligence that occurred during the procedure.

A health care professional who is accused of negligence must prove that the patient was injured because of an act or failure to perform the act. To prove this the legal team of the patient must prove that: (1) the doctor was under an obligation to provide treatment or treatment; (2) that the doctor violated that duty; (3) that there is a direct causal connection between the breach and the injury and (4) that the injury causes damages that the legal system can deal with.

A breach of the duty of care is insignificant unless it causes injury, which is why medical malpractice claims are usually made based on a law called "res ipsa loquitur." This law says that, in the majority of cases certain injuries are obvious and unmistakable that they are only explained by negligent acts.

Depending on the facts of the case, the plaintiff (the patient or their legally appointed representative) or their attorney could file the claim in federal or state court. The majority of malpractice cases are filed with state courts, however in certain circumstances a medical negligence case can be filed in federal district court.

Wrong Surgery

Wrong-site surgery 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 type of error is usually caused by miscommunications between members of the surgical team, or due to pressures on production that result in the surgeon performing multiple surgeries scheduled at the same time. In these cases the surgeon is not solely responsible for a wrong-site procedure because of the legal principle of "res ipsa locquitur" which says that the outcome is a matter of fact and cannot be attributed to negligence.

If a patient is injured during an operation that was performed on the wrong site it is possible that the patient will require additional procedures to fix problems that were made worse by the mistake. This leads to costly medical expenses for patients as well as their families. It is important to take these costs into account when calculating the financial impact of medical malpractice claims.

The majority of times, surgeons are held responsible for surgical mistakes. They are accountable to prepare the patient for the procedure, examining the chart and medical records of the patient, communicating with the rest of the medical team, and ensuring that the incision was placed at the right place. In certain instances, a hospital or anesthesiologist could also be held accountable. Medical malpractice lawsuits are typically filed in state court, but can be transferred under certain circumstances to federal court.