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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 considered to be malpractice is dependent on the ability of the patient to establish four legal elements such as a professional duty breach of this duty; harm resulting from the breach; and tangible damages.

Plaintiffs must be able to prove the elements using evidence like expert testimony and depositions.

The wrong diagnosis and the inability to recognize

Failure to correctly diagnose an injury or illness correctly could lead to serious complications, malpractice lawyers or even death. A large number of medical malpractice cases involve incorrect diagnosis. To prove negligence, a patient or their lawyer needs to prove that a seasoned doctor in similar circumstances would not have misdiagnosed the condition.

Misdiagnosis doesn't always mean negligence. Even highly skilled and experienced doctors can make mistakes. Therefore, any claim of malpractice must be backed up by other elements such as breach, proximate causes and actual injury. For example, if a physician does not properly sterilize their equipment before administering anesthesia to a patient and they develop an infection because of it the doctor may be liable for malpractice.

Legal actions claiming malpractice are usually filed in state trial courts where the alleged error occurred. However, federal courts could be able to hear cases in specific circumstances. A case can be brought before federal court in certain circumstances. For example it could be an issue regarding a statute of limitation or when the parties are of different nationalities. Alternatively, some claims are resolved through binding arbitration that is voluntary. This is a less formal process which involves professionals who make the decisions. It is designed to minimize expenses, speed up the legal process, and remove the risk associated with overly large juries. Arbitration is not available in all instances of misconduct.

Wrong Drug Dosage

Medication errors, also referred to as medication errors, are one of the main reasons for medical malpractice lawsuits. These errors are caused by a doctor writing prescriptions in the wrong format or giving the patient the wrong dosage. These errors are often preventable. Depending on the circumstances, a hospital or its staff, a pharmacist or other health care provider could be held responsible for the injuries suffered by patients who were given the wrong dosage of a drug.

A doctor could prescribe the incorrect medication to a patient because of an inaccurate diagnosis or simply because he/she misreads the prescription. A health professional may also prescribe the wrong dose due to an issue with communication for example, when a nurse reads the doctor's handwritten prescription incorrectly or the pharmacist commits an error in filling the prescription. In other instances the doctor might delay delivering the correct medication, which could result in the patient's health getting worse.

A person seeking compensation must prove, in order to win a malpractice lawsuit, that the medical professional breached their standards of practice and that their injuries were directly caused by the negligence. This requires the testimony of a medical expert. Medical malpractice cases also must prove the extent and the damages caused by the victim's injuries. This includes the cost of a person's treatment and any lost wages. The greater person's losses are in the greater value of the claim will be.

Wrong Procedure

It might seem unlikely that medical professionals could perform the wrong procedure on a patient, however, this type of event does occur. If a surgeon makes this error can be found to be liable for negligence. A patient who is injured because of a surgical error may be held accountable for any mistakes that were made during the procedure.

Any health professional who is accused of malpractice Lawyers must prove that the patient was harmed by a specific act or omission to act. To establish this the legal counsel of the patient must prove that: (1) the doctor was in a duty to provide care or treatment; (2) that the doctor breached this duty; (3) that there is a direct causal relationship between the breach and the injury; and (4) that the injury causes damages that the legal system can resolve.

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

Based on the facts the plaintiff (the person who filed the claim or their legal representative) or their attorney may decide to file the claim in state or federal court. Most malpractice cases are filed in state courts, however under limited circumstances medical malpractice lawsuits may be filed in federal district court.

Wrong Surgery

Surgery performed on the wrong site is a very rare error, but it can be considered medical malpractice when the procedure is carried out on the wrong portion of the body. This kind of error usually occurs as caused by a lack of communication between the members of a surgical team, or production pressure that results in the surgeon being tasked with multiple surgeries at one time. In these situations, a surgeon is not solely responsible for an incorrect-site procedure due to the legal principle known as "res ipsa locquitur" which states that the result speaks for itself and cannot be blamed on negligence.

If the patient is injured during a wrong-site procedure, he or her may need additional procedures to correct problems that were exacerbated by the error. This could result in expensive medical bills for patients and their families. These expenses should be taken into consideration when calculating the financial consequences of medical malpractice lawsuits.

Surgeons are typically held liable for surgical errors as they are the ones who are responsible for properly preparing for the operation as well as double-checking the patient's charts and medical records, coordinating effectively with other members of the medical team, and making sure that the incision has been placed at the right place. In some cases an anesthesiologist or hospital can also be held liable. Medical malpractice cases are usually filed in state court, but can be transferred under certain circumstances to federal court.