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Common Causes of Malpractice Litigation

Malpractice litigation can be a difficult procedure. The question of whether or not an error is malpractice based on whether the patient is able to prove four legal elements such as a professional duty; breach of this duty; injury resulting from the breach; and quantifiable damages.

Plaintiffs must also prove these elements with evidence like expert testimony, depositions and discovery.

Incorrect diagnosis and inability to diagnose

A physician's inability to accurately diagnose a disease or injury could lead to serious complications or even death. It is a typical reason for medical negligence. To prove negligence, a patient or their lawyer must demonstrate that a skilled doctor in similar circumstances would not have misdiagnosed the condition.

Misdiagnosis doesn't always mean negligence. Even highly skilled and experienced doctors make mistakes, therefore an allegation of malpractice needs to be supported by other factors like breach, proximate cause and actual injury. For example the case where a physician does not properly clean their equipment prior malpractice lawsuits the time they administer anesthesia and the patient develops an infection because of it, the doctor could be liable for malpractice.

In the majority of cases, lawsuits alleging malpractice will be filed in the state trial court in which the alleged misconduct occurred. Federal courts could be able to hear cases in certain situations. For instance, a lawsuit may be brought in federal court if it involves an issue regarding a statute of limitations or if there is a substantial difference in citizenship among the parties in the case. Certain disputes are settled through binding arbitration. This is a less formal process that involves professional decision makers. It is designed to minimize expenses, speed up the legal process, and reduce the risk of overly generous juries. However, arbitration isn't available for all malpractice claims.

Dosage of a drug that is incorrect

Medication errors, also known as medication mistakes, are one of the main causes of medical malpractice attorney lawsuits. These errors could be caused by a physician submitting a prescription in the wrong format, or giving the patient the incorrect dosage. These errors are typically preventable. Depending on the circumstances, a hospital or its staff, a pharmacist or other health care provider may be held liable for the injuries suffered by a patient who was prescribed the wrong drug dosage.

A doctor may prescribe the wrong medication as a result of a misdiagnosis or by simply misreading the prescription. A health care provider may also prescribe the wrong dosage because of an inability to communicate for example, when the nurse reads a doctor's handwritten script incorrectly or the pharmacist makes a mistake in filling out the prescription. In other cases the doctor might delay the proper medication, which could cause the patient's condition to getting worse.

To win a malpractice case, the victim must show that the medical professional breached their standard of care and that negligence directly caused the injuries. This requires medical experts to provide evidence. A medical malpractice case must prove the severity and damages of the victim's injuries. This includes the cost of treatment for the victim as well as any lost wages. In general, the greater a loss is, the more valuable the claim will be.

Wrong Procedure

It may seem impossible that medical professionals would carry out the incorrect procedure on a patient but this type of mishap is quite common. The surgeon who makes this mistake can be held accountable for malpractice. However, a patient who is injured by a surgical mistake could also be held responsible for any negligence that occurred during the process.

Any health professional who is accused of negligence must prove that the patient was harmed through a specific act or inaction. To establish this the legal team representing the patient must prove: (1) that the doctor had a responsibility to treat or provide care to the patient; (2) that he violated his duty; (3) that a causal link exists between the breach and the injury and (4) the harm results in damages that which the legal system may address.

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

Depending on the facts of the situation, the plaintiff (the patient or their legally designated representative) or their attorney may file the claim in state or federal court. The majority of malpractice cases are filed in state court, but in certain circumstances medical malpractice lawsuits may be filed in federal district court.

Wrong Surgery

The wrong-site surgery is a common error, but it could be considered medical negligence if the procedure is performed on the wrong side of the body. This type of error is typically due to miscommunication between members of a surgical team or production pressure that leads to a surgeon being assigned multiple surgeries at once. In these cases the surgeon isn't solely responsible for an incorrect-site operation because of a legal rule 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, he or her may need additional procedures to correct issues that were caused due to the error. This results in costly medical expenses for the patient and their families. It is important to consider these costs when calculating the financial cost of medical malpractice lawsuits.

Surgeons are most often held liable for surgical errors because they are the individuals who are accountable for getting ready for the procedure, double-checking the patient's chart and medical records, coordinating effectively with the other members of the medical team, and making sure the incision is placed at the right place. However, in certain instances an anesthesiologist or hospital may be held accountable. Medical malpractice cases are typically filed in state courts, however, under certain circumstances, they can be transferred to federal courts.