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Common Causes of Malpractice Litigation

The process of bringing a malpractice lawsuit is a complex procedure. The degree to which an error is malpractice based on whether the patient is able to establish four legal elements which include professional duty and breach of this duty; harm caused by the breach and tangible damages.

Plaintiffs must also prove the elements using evidence such as expert testimony and depositions.

Incorrect diagnosis or failure to diagnose

Inability to recognize an injury or illness in a timely manner can result in serious complications, or even death. Misdiagnosis is a common cause of medical malpractice. To prove negligence the patient or their lawyer must demonstrate that a competent doctor under similar circumstances and working in the same specialty would not have misdiagnosed the condition.

A misdiagnosis is not always negligence. Even highly-trained and experienced doctors make mistakes. Therefore, any claim for malpractice must be backed up by other elements, such as breach, proximate cause or actual injury. For instance when a doctor does not properly sterilize their equipment prior to giving anesthesia and the patient suffers an infection as a result, the doctor could be found to be negligent.

In most cases, lawsuits alleging malpractice will be filed in the state trial court in which the alleged malpractice took place. However, federal courts could have jurisdiction under limited circumstances. For instance, a case could be filed in federal court in the event of a dispute over a statute of limitations or in the event of a significant variety of citizenship among the parties involved in the case. Additionally, some cases 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 costs, expedite the legal process, and remove the risk that comes with large juries. However, arbitration is not available for all malpractice claims.

Dosage for a drug that is not correct

Medication errors are one of the main causes of medical malpractice lawsuits. These errors can be caused by a doctor who has submitted prescriptions in the wrong format, or giving the patient the wrong dosage. These errors are usually avoidable. In the event of an incident an individual pharmacy, hospital or other health care provider could be held responsible for injuries caused by patients who were given the wrong dose of a drug.

A doctor can prescribe the wrong medicine because of a misdiagnosis or by simply failing to read the prescription. A health care provider may also administer the wrong dosage due to an issue with communication like when the nurse reads the doctor's handwritten script in error or the pharmacist commits an error in filling the prescription. In other instances the doctor may delay administering the correct medication to the patient, which could result in their condition becoming worse.

A person who suffers from a medical malpractice claim must prove, in order to win a malpractice claim, that the medical professional breached their standard of practice and that their injuries were directly attributed to the negligence. This requires the testimony of a medical expert. In addition, a medical mishap claim must establish the extent of a victim's injuries and the damages they suffered because of the negligence. This includes the cost of treatment and any lost wages. The greater person's losses are in the greater value of the claim will be.

Wrong Procedure

This kind of situation is not unusual. It may seem impossible for medical professionals to carry out the incorrect procedure on patients, but it's true. A surgeon who makes the mistake could be held liable for malpractice. However the patient who is injured by a surgical mistake can also be held accountable for any negligence that occurred on the path to the procedure.

Any health professional who is accused of misconduct must prove that the patient was hurt by a specific action or failure to act. To establish this the legal counsel of the patient must prove that: (1) the doctor was bound by the obligation to provide medical 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 which the legal system has the power to deal with.

A breach of the duty of care is insignificant unless it causes injury this is why medical malpractice claims are usually built on a legal concept called "res ipsa loquitur." This law says that, in a majority of cases certain injuries are so obvious and evident that they can only be explained through negligence.

Depending on the circumstances depending on the facts, the plaintiff (the person who filed the claim or their legal representative) or their lawyer may decide to file a lawsuit in state or federal court. Most malpractice cases are filed in state courts, however in certain situations medical malpractice lawsuits can be filed in federal district court.

Wrong Surgery

The wrong-site procedure is rare however, it could be a case of medical malpractice in the event that the procedure is carried out in the wrong location of your body. This kind of error is often due to miscommunication between members of a surgical team, or production pressure that leads to the surgeon being tasked with multiple surgeries at once. In these cases the surgeon isn't the only one with responsibility for a surgical error that is not performed correctly because there is an underlying legal principle referred to as "res ipsa loquitur" which means that the outcome of the error speaks for itself and cannot be attributed to negligence.

If an individual is injured in an operation that was performed on the wrong site the patient may require additional procedures in order to correct problems that were aggravated by the error. Patients and their family members are left with hefty medical bills. This expense should be considered when calculating the financial impact of medical malpractice claims.

Surgeons are usually accountable for surgical errors as they are the ones who are responsible 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 that the incision has been done at the correct place. However, in some instances hospitals or anesthesiologists may also be liable. Medical malpractice claims are typically filed in state court, but may be transferred in certain circumstances to federal court.