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Common Causes of Malpractice Litigation

Malpractice litigation is a complicated process. If a patient can demonstrate four elements, it will determine whether or not the mistake is malpractice. These are: a professional obligation; a breach of that obligation; an injury that results from the breach; and measurable damages.

Plaintiffs must prove these elements by presenting evidence like expert testimony, depositions and discovery.

The wrong diagnosis or the inability to diagnose

Inability to recognize an injury or illness in a timely manner can cause serious complications, or even death. The misdiagnosis of a patient is a frequent cause of medical malpractice. To prove negligence, the patient or their attorney must demonstrate that a competent doctor in similar circumstances and working in the same area would not have misdiagnosed the problem.

Every misdiagnosis can be considered to be an error, but. Even highly skilled and experienced doctors make mistakes, therefore the claim of malpractice must be supported by other elements such as breach, proximate causation and actual injury. If a doctor does not sterilize his equipment prior to giving anesthesia, and the patient gets infected because of this, the doctor may be found to be negligent.

In the majority of cases, lawsuits that allege malpractice will be filed in the state trial court in which the malpractice was alleged to have occurred. Federal courts can be able to handle the case in certain situations. A case may be brought before a federal court in certain circumstances. For example it could involve the issue of a statute of limitation or when the parties have different nationalities. Certain claims are settled through binding voluntary arbitration. This is a non-formal procedure that involves professional decision makers. It is designed to lower costs, speed up legal process, and remove the risks associated with large juries. Arbitration is not available in all cases of misconduct.

Dosage for a drug that is not correct

Medication errors are one of the main causes of medical malpractice lawsuits. They can involve a physician writing a prescription incorrectly or delivering the wrong dose to patients. These mistakes are usually avoidable. Based on the circumstances the situation, a pharmacist, a hospital or other health care providers could be held accountable for injuries caused by a patient who was given the wrong dosage of a drug.

A doctor might prescribe the wrong medication to a patient because of an inaccurate diagnosis or simply because they misread the prescription. A health professional could also administer the wrong dose due to an inability to communicate for instance, when nurses read the handwritten prescription of a doctor incorrectly or the pharmacist makes a mistake in filling the prescription. In other situations, a doctor could delay the proper medication to the patient, resulting in their condition deteriorating.

To prevail in a malpractice case, a victim must show that the medical professional acted in breach of their standard of care, and that the negligence directly caused their injuries. 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 costs of treatment for the victim as well as any wages lost. The more money you lose is, the more valuable of the claim.

Wrong Procedure

It's not likely that medical professionals would carry out the incorrect procedure on a patient, but this type of mishap is quite common. A surgeon who makes this error could be held accountable for malpractice. However the patient who is injured by a surgical mistake may also be held liable for any negligence that occurred along the way to the procedure.

Any health professional who is accused of negligence must prove that the patient was injured by a specific action or inaction. To establish this, the legal team of the patient must demonstrate: (1) that the doctor was required to provide care 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 harm results in damages that the legal system can deal with.

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

Depending on the circumstances of the case, the plaintiff (the patient or their legally designated representative) or their attorney could bring the case in federal or state court. The majority of malpractice cases are filed in state court. 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 when the procedure is done in the wrong location of your body. This type of mistake is often caused by miscommunications between members of the surgical team, or by pressures on production that result in surgeons being assigned multiple surgeries scheduled at the same time. In these instances the surgeon isn't all-in on his liability for a wrong-site surgery because there is a legal principle called "res ipsa loquitur" which means that the result of the error is evident and cannot be traced to negligence.

If a patient is injured by wrong-site surgery the patient may require additional procedures to repair issues that were caused by the surgical mistake. Patients and their family members are left with hefty medical bills. This expense should be taken into consideration when calculating the financial consequences of medical malpractice lawsuits.

Surgeons are often held accountable for surgical errors as they are the ones who are responsible for properly prepping for the operation and double-checking the patient's medical chart and medical records, communicating effectively with other members of the medical team, and making sure that the incision is done at the correct place. In some instances an anesthesiologist or hospital may also be held responsible. Medical malpractice lawyer claims are typically filed in state courts, but they may be transferred under certain circumstances to federal court.