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Common Causes of Malpractice Litigation

Malpractice litigation involves a complex procedure. Whether or not an error is considered to be malpractice is dependent on whether the patient is able to prove four legal elements which include professional duty breach of this duty; harm caused by the breach and the possibility of quantifiable damages.

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

Misdiagnosis or Failure to Diagnose

Failure to correctly diagnose an injury or illness correctly can lead to serious complications, or even death. Incorrect diagnosis is a common reason for medical negligence. To prove negligence, the patient or their attorney must prove that a competent physician under similar circumstances and in the same area would not have misdiagnosed the condition.

Misdiagnosis does not always constitute negligence. Even highly trained and experienced doctors make mistakes, therefore the claim of malpractice must be supported by other elements like breach, proximate causation, and actual injury. For instance, if a physician is not careful to sterilize their equipment prior to administering anesthesia and the patient suffers an infection due to the infection the doctor may be liable for malpractice.

In the majority of instances, malpractice lawsuits claiming malpractice will be filed in the state trial court where the alleged error occurred. However, federal courts might be able to hear cases in specific circumstances. A case can be brought before a federal court in certain circumstances. For example it could involve an issue regarding a statute of limitation or if the parties are of different nationalities. Additionally, some cases are resolved through binding arbitration that is voluntary. This is a less-formal process that is governed by professional decision makers. It is designed to reduce expenses, speed up the legal proceedings, and eliminate the risks associated with generous juries. Arbitration is not always available in cases of malpractice lawsuits.

The wrong dosage of medication

Medication errors, also referred to as medication mistakes are among the main causes of medical malpractice suits. They can involve a physician prescribing a prescription in error or malpractice administering the wrong dosage to patients. These mistakes are usually avoidable. In the event of an incident, a pharmacy, a hospital or other health care provider could be held accountable for the harm caused by a patient who was given the wrong dose of a medication.

A doctor might prescribe the incorrect medication to a patient as a result of an inaccurate diagnosis or simply because they misread the prescription. A health care provider may also administer the wrong dosage because of a breakdown in communication like when nurses read a doctor's handwritten script incorrectly or the pharmacist is mistaken in filling the prescription. In other cases the doctor might delay delivering the correct medication, which could result in the patient's health worsening.

To be successful in a malpractice case, the victim must prove that the medical professional acted in breach of their standards of care and that the negligence directly contributed to the injuries. This requires medical experts to provide evidence. Additionally, a medical malpractice case must establish the severity of a victim's injuries and the damages they sustained because of the negligence. This includes the cost of treatment as well as any wage loss. The greater the loss is, the more valuable of the claim.

Incorrect Procedure

This kind of incident is not uncommon. It might seem impossible for medical professionals to carry out the wrong procedure on patients however, it happens. A surgeon who commits this mistake could be held liable for negligence. However the patient who is injured by a surgical mistake can also be held accountable for any negligence that occurred on the process.

Any health professional who is alleged to be negligent must prove that the patient was hurt by a specific action or failure to act. To prove this, the legal team of the patient must show: (1) that the doctor was legally obligated to provide care or treat the patient; (2) that he violated his duty; (3) that a causal connection exists between the negligence and injury and (4) the injuries result in damages that the legal system could address.

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

Depending on the circumstances of the situation, the plaintiff (the patient or their legally appointed representative) or their attorney could present the claim to state or federal court. Most malpractice cases are filed in state court, but under limited circumstances, a medical malpractice lawsuit can be filed in federal district court.

Wrong Surgery

The wrong-site procedure is rare, but can be considered medical malpractice if the procedure is performed in the wrong part of your body. This kind of error usually occurs as caused by miscommunication between members of a surgical team, or production pressure that leads to the surgeon being assigned multiple surgeries at the same time. In these cases, a surgeon is not solely responsible for a misplaced procedure because of a legal rule known as "res ipsa locquitur" which states that the result speaks for itself and cannot be attributed to negligence.

If a patient is injured as a result of surgery done on the wrong location it is possible that he or she will require additional procedures to repair problems caused by the surgical mistake. Patients and their family members are left with hefty medical bills. These expenses must be considered when calculating the financial impact of medical malpractice claims.

Most often surgeons are liable for surgical mistakes. They are accountable in preparing the patient prior to surgery, reviewing the medical records and chart of the patient, coordinating with the medical personnel, and ensuring that the incision was placed at the right place. However, in some instances a hospital or anesthesiologist may also be held responsible. Medical malpractice cases are typically filed in state courts, but under certain circumstances they may be transferred to federal court.