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Common Causes of Malpractice Litigation

The process of bringing a malpractice lawsuit is 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; injury resulted from the breach and the possibility of quantifiable damages.

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

Undiagnosed or Incorrectly Diagnosed

The inability of a doctor to accurately diagnose an illness or injury could lead to grave complications, or even death. Misdiagnosis is a common cause of medical malpractice. To establish negligence, a patient or their lawyer needs to prove that a seasoned doctor in similar circumstances would not have misdiagnosed an illness.

Misdiagnosis does not always constitute negligence. Even highly trained and experienced doctors make mistakes, therefore a claim of malpractice must be backed by other elements such as breach, proximate causation, and actual injury. For instance If a doctor fails to properly sterilize their equipment prior to administering anesthesia to a patient and they develop an infection because of it the doctor could be liable for malpractice.

In most instances, lawsuits claiming that there was a mistake will be filed in the state trial court in which the alleged misconduct occurred. Federal courts could be able to handle the case in certain instances. A claim may be filed before federal court in certain circumstances. For example, it may involve disputes over the statute of limitations or when the parties are of different citizenships. In other cases, certain claims are resolved through binding arbitration that is voluntary. This is a less formal procedure with professional decision makers. It is designed to cut costs, speed up legal proceedings, and eliminate the possibility of excessively generous juries. However, arbitration is not available for all malpractice claims.

Dosage of a drug that is incorrect

Medication mistakes, also referred to as medication errors, are among the most common causes of medical Malpractice lawyers lawsuits. They can result from a doctor writing a prescription that is not correct or giving the wrong dosage to patients. These mistakes are usually avoidable. According to the circumstances the hospital staff member, a pharmacist or other health care provider could be held accountable for the injuries of a patient who was prescribed the wrong dosage of medication.

A doctor may prescribe the wrong medicine because of a misdiagnosis or simply not understanding the prescription correctly. A health care professional may also administer the wrong dosage due to a breakdown in communication. For example nurses may not read a doctor's prescription correctly or a pharmacist might fail to fill the prescription. In other cases, the physician may delay the proper medication, which could lead to the patient's condition worsening.

To prevail in an action for malpractice, a victim must establish that the medical professional breached their standards of care and that the negligence directly caused the injuries. This requires the testimony of a medical expert. A medical malpractice claim also must establish the extent and damages of the victim's injuries. This includes the cost of treatment as well as any lost wages. The more money you lose of the claim, the greater the value of the claim.

Unskillful Procedure

This kind of situation is not uncommon. It may seem impossible for medical professionals to perform the incorrect procedure on patients, however, it is a reality. A surgeon who makes this mistake could be held liable for malpractice. However those who are injured as a result of a surgical error could also be held responsible for any negligence that occurred along the path to the procedure.

A health care professional accused of malpractice must prove that the patient was injured due to an action or failure to act. To prove this, the legal team representing the patient must show: (1) that the doctor was legally obligated to treat or provide care to the patient; (2) that he breached that duty; (3) that a causal connection 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, that's why medical malpractice claims are usually founded on a legal principle known as "res ipsa loquitur." This law states that, in a lot of instances certain injuries are obvious and evident that they can only be explained through negligent acts.

Based on the circumstances depending on the facts, the plaintiff (the person who filed the claim or their legal representative) or their lawyer can decide to file the case in either state or federal court. The majority of malpractice cases are filed in state courts, however in certain situations, a medical negligence lawsuit can be brought to 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 typically the result of miscommunication between the members of a surgical team, or production pressure that leads to a surgeon being assigned multiple surgeries at the same time. In these instances the surgeon is not solely responsible for an incorrect-site operation due to the legal principle of "res ipsa locquitur" which states that the outcome speaks for itself and cannot be attributed to negligence.

If the patient is injured during an incorrect procedure, he or her may require additional procedures to rectify problems that were made worse by the mistake. This can result in high medical expenses for patients and their families. It is essential to keep these costs in mind when calculating the financial burden of medical malpractice claims.

The majority of times, surgeons are held responsible for surgical errors. They are accountable in preparing the patient for the procedure, examining the medical record and chart of the patient, communicating with the medical staff, and making sure that the incision was placed in the proper location. In some cases, a hospital or anesthesiologist may also be held responsible. Medical malpractice lawsuits are typically filed in state court, however, they can be transferred under certain circumstances to federal court.