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Common Causes of Malpractice Litigation

Malpractice litigation is a complicated process. If a patient can prove four factors, it will determine whether or not the error is a case of malpractice. These are professional obligations; a breach of that obligation; an injury that results from the breach; and quantifiable damages.

Plaintiffs must be able to prove the elements using evidence, such as expert testimony and depositions.

Incorrect diagnosis and inability to diagnose

The inability of a doctor to correctly diagnose an illness or injury can lead to serious complications or even death. A lot of medical malpractice cases involve mistakes in diagnosis. To prove negligence, a patient or their lawyer must demonstrate that an experienced doctor in similar circumstances would not have misdiagnosed a condition.

Every misdiagnosis can be considered to be malpractice, however. Even the most experienced and highly trained doctors make mistakes, and an allegation of malpractice needs to be supported by other factors such as breach, proximate cause and actual injury. If a physician fails to sterilize his equipment prior to administering anesthesia and the patient develops an infection because of this, the doctor may be guilty.

In the majority of instances, lawsuits claiming that there was a mistake will be filed in the state trial court where the alleged misconduct occurred. However, federal courts may have jurisdiction under limited circumstances. For instance, a case could be filed in federal court in the event of a dispute over the statute of limitations or malpractice attorney if there is a substantial variety of citizenship among the parties involved in the case. Certain claims are settled through arbitration that is binding and voluntary. This is a non-formal procedure that involves professional decision makers. It is designed to minimize costs, expedite the legal process, and reduce the risk associated with overly large juries. However, arbitration is not accessible for all claims of malpractice.

The wrong dosage of medication

Medication errors--also called medication mistakes--are one of the most common causes of medical malpractice lawsuits. They can result from a doctor prescribing a prescription in error or delivering the wrong dose to the patient. These mistakes are usually avoidable. Depending on the circumstances, a hospital or its staff, a pharmacist or other health professionals could be held accountable for the harms suffered by a patient who was prescribed the wrong dosage of medication.

A doctor could prescribe the wrong drug because of a misdiagnosis. Or, simply misreading the prescription. A health care provider may also prescribe the wrong dose due to an interruption in communication, such as when nurses read the doctor's handwritten prescription incorrectly or the pharmacist is mistaken in filling the prescription. In other cases, a physician might delay administering the correct medication to the patient, resulting in their condition deteriorating.

A person seeking compensation must prove, in order to prevail on a malpractice claim, that the medical professional violated their professional standards and that their injuries were directly caused by the negligence. This requires medical experts to testify. A medical malpractice case must establish the extent and damage of the victim's injuries. This includes the cost of treatment and any lost wages. The more the loss of the claim, the greater the value of the claim.

Incorrect Procedure

It might seem unlikely that medical professionals would perform the wrong procedure on a patient but this type of incident is quite common. A surgeon who commits this error can be found to be liable for malpractice. However the patient who is injured due to a surgical error may also be held liable for any negligence that occurred along the process.

A medical professional accused of malpractice attorneys has to prove that the patient was injured due to the specific act or failure to perform the act. To prove this, the legal team representing the patient must demonstrate: (1) that the doctor was required to care for or treat the patient; (2) that he failed to fulfill his obligation; (3) that a causal link exists between the breach and injury and (4) the injuries result in damages that the legal system could address.

A breach of the duty of care has no significance unless it causes injury which is the reason medical malpractice claims are usually founded on a legal principle known as "res ipsa loquitur." This law states that, in the majority of cases, certain injuries are so obvious and unmistakable that they can only be explained through negligence.

Depending on the circumstances of the situation, the plaintiff (the patient or their legally designated representative) or their attorney could make the claim in a state or federal court. The majority of malpractice cases are filed in state court, but under certain circumstances the medical malpractice legal lawsuit can be brought in federal district court.

Wrong Surgery

The wrong-site surgery is a common error, but it could be considered medical malpractice lawsuit attorney [you can find out more] when the procedure is performed on the wrong side of the body. This type of mistake is usually the result of miscommunications between members of the surgical team, or by pressures in the production process that result in a surgeon having multiple surgeries scheduled at the same time. In these cases the surgeon isn't solely responsible for a wrong-site procedure due to a legal principle known as "res ipsa locquitur", which states that the outcome speaks for itself and cannot be attributed to negligence.

If a patient gets injured by wrong-site surgery, he or she may require additional treatments to correct problems caused by the surgical mistake. Patients and their family members are left with hefty medical bills. These expenses should be considered when calculating the financial impact of medical malpractice claims.

The majority of times surgeons are held accountable for surgical mistakes. They are responsible to prepare the patient for the procedure, checking the medical record and chart of the patient, coordinating with the medical staff, and ensuring that the incision was placed at the correct location. In certain instances an anesthesiologist or hospital may also be held responsible. Medical malpractice claims are typically filed in state court, but they may be transferred under certain circumstances to federal court.