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Common Causes of Malpractice Litigation

Malpractice litigation involves a complex process. The question of whether or not the error constitutes malpractice depends on whether the patient is able to prove four legal elements: a professional duty breach of this duty; injury due to the breach and tangible damages.

Plaintiffs must demonstrate these elements with evidence such as expert testimony, depositions, or discovery.

Incorrect diagnosis and failure to diagnose

Failure to identify an injury or illness accurately can lead to serious complications, or even death. A large number of medical malpractice cases involve incorrect diagnosis. To prove negligence, a person or their lawyer must demonstrate that a qualified doctor in similar circumstances would not have misdiagnosed an illness.

Misdiagnosis does not always constitute malpractice. Even experienced and highly trained doctors are not immune to mistakes. Therefore, any claim of malpractice must be supported with other elements like breach, proximate causes and actual injury. For example when a doctor does not properly clean their equipment prior the time they administer anesthesia and the patient develops an infection because of it the doctor may be guilty of malpractice.

In most cases, lawsuits alleging malpractice will be filed in the state trial court where the alleged malpractice took place. However, federal courts could have jurisdiction in certain situations. For example, a claim may be brought in federal court in the event of a dispute over a statute of limitations or in the event of a significant diversity of citizenship of the parties in the case. Some claims can be settled through voluntary binding arbitration. This is a less formal procedure that involves professional decision makers. It is designed to lower expenses, speed up the legal proceedings, and eliminate the risk that comes with large juries. However, arbitration isn't available for all malpractice claims.

The wrong dosage of medication

Medication errors--also called medication mistakes--are one of the most common causes of medical malpractice lawsuits. These errors are caused by a doctor who has submitted a prescription in the wrong format or giving the patient the incorrect dosage. These errors are usually avoidable. According to the situation an individual pharmacy, hospital or other health care provider could be held responsible for the injuries resulting from a patient who was given the wrong dosage of a drug.

A doctor may prescribe the wrong drug because of a misdiagnosis, or simply making a mistake in the prescription. A health care provider may also administer the wrong dosage because of a breakdown in communication, such as when nurses read the handwritten prescription of a doctor incorrectly or the pharmacist commits an error in filling the prescription. In other cases, the physician may delay the proper medication, which could cause the patient's condition to getting worse.

To be successful in an action for malpractice, a victim must show that the medical professional did not meet their standard of care and that the negligence directly contributed to the injuries. This requires medical experts to be able to testify. Moreover, a medical malpractice case must establish the severity of the injuries suffered by a victim and the damage they sustained as a result of the negligence. This includes the cost of treatment as well as any lost wages. Generally, the greater a loss is in the greater value of the claim will be.

Incorrect Procedure

It might seem absurd for malpractice medical professionals to perform the wrong procedure on a patient, however, this type of event is quite common. A surgeon who commits this mistake could be held to be liable for malpractice attorney. However patients who are injured by a surgical mistake may also be held liable for any negligence that occurred on the way to the procedure.

A health care professional accused of negligence must prove that the patient was injured as a result of the specific act or failure to take action. To prove this the legal team of the patient must prove that (1) the doctor was bound by an obligation to provide care 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 is able to deal with.

A breach of the duty of care has no significance unless it causes injury which is why medical malpractice claims are typically based on a legal doctrine called "res ipsa loquitur." This law states that, in a majority of cases certain injuries are evident and obvious that they can only be explained by negligence.

Based on the circumstances the plaintiff (the person who filed the claim or their legal representative) or their attorney may decide to file a lawsuit in state or federal court. The majority of malpractice cases are filed in state courts, however in certain circumstances the case of medical negligence may be filed in federal district court.

Wrong Surgery

The wrong-site procedure is rare but it could be considered medical malpractice in the event that the procedure is carried out in the wrong area of your body. This type of mistake is often caused by miscommunications between the surgical team, or due to pressures in the production process that result in a surgeon having multiple surgeries assigned at once. In these cases the surgeon is not solely responsible for a misplaced operation due to a legal principle known as "res ipsa locquitur", which states that the outcome speaks for itself and cannot be blamed on negligence.

If someone is injured during an improper procedure the patient may require additional procedures to rectify problems that were aggravated by the mistake. Patients and their families are left with high medical bills. It is crucial to keep these costs in mind when calculating the financial burden of medical malpractice claims.

Most often surgeons are liable for surgical errors. They are responsible in preparing the patient prior to the procedure, as well as checking the medical records and charts of the patient, communicating with the medical personnel, and ensuring that the incision was placed at the correct location. However, in certain instances hospitals or anesthesiologists may be held accountable. Medical malpractice lawsuits are usually filed in state courts, but in certain situations, they can be transferred to federal court.