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Common Causes of Malpractice Litigation

The process of bringing a malpractice lawsuit is a complex procedure. If a patient can demonstrate four elements, it will determine whether or not the mistake is malpractice. These are professional obligation and a breach of that duty; an injury resulting from this breach; and quantifiable damages.

Plaintiffs must demonstrate these elements with evidence like expert testimony, depositions, or discovery.

Misdiagnosis and Failure to Diagnose

The failure of a physician to accurately diagnose a disease or injury could lead to serious complications or even death. Incorrect diagnosis is a common reason for medical negligence. To prove negligence, the patient or their attorney must prove that a competent physician under similar circumstances and in the same specialty would not have missed the diagnosis.

The misdiagnosis of a patient does not always mean malpractice. Even highly skilled and experienced doctors make mistakes. Therefore, an allegation of malpractice needs to be supported by other factors such as breach, proximate causation, and actual injury. If a doctor fails sterilize his equipment prior the time he administers anesthesia, and the patient develops an infection due to this, the doctor could be held accountable.

In the majority of instances, lawsuits claiming that there was a mistake will be filed in the state trial court in which the alleged error occurred. However, federal courts may be able to hear cases in specific circumstances. For example, a claim could be filed in federal court in the event of an issue regarding the time limit for filing a claim or in the event of a significant variety of citizenship among the parties in the case. Certain disputes are settled through binding arbitration. This is a less formal process which involves professional decision makers and is designed to cut costs, speed up legal proceedings and remove the risk of overly generous juries. However, arbitration isn't accessible for all malpractice claims.

Dosage for a drug that is not correct

Medication errors, also known as medication mistakes, are among the most common causes of medical malpractice lawsuits. They can be the result of a doctor prescribing a prescription in error or administering the wrong dosage to patients. These errors are typically preventable. Based on the circumstances, a pharmacy, a hospital or other health care provider could be held responsible for the harm caused by patients who were given the wrong dosage of a medication.

A doctor could prescribe the wrong drug because of a misdiagnosis. Or, simply misreading the prescription. A health professional could also prescribe the wrong dosage due to an interruption in communication for example, when nurses read the doctor's handwritten prescription incorrectly or the pharmacist is mistaken in filling the prescription. In other cases, the physician may delay giving the correct medication, which can result in the patient's health worsening.

To prevail in an action for malpractice, a victim must establish that the medical professional breached their duty of care and that negligence directly caused their injuries. This requires medical experts to provide evidence. Furthermore, a medical negligence case must prove the extent of the victim's injuries and the damages they suffered as a result of the negligence. This includes the cost of treatment and any wage loss. In general, the greater a loss is and the greater the value of the claim will be.

The wrong procedure

It might seem absurd for medical professionals to perform the wrong procedure on a patient but this type of incident can occur. A surgeon who commits this error could be held accountable for negligence. However, a patient who is injured as a result of a surgical error may also be held liable for any negligence that occurred during the path to the procedure.

Any health care professional who is accused of negligence must prove that the patient was harmed by a specific act or failure to act. To prove this the legal team representing the patient must prove: (1) that the doctor was legally obligated to provide treatment or care to the patient; (2) that he violated his duty; (3) that a causal link exists between the breach and injury; and (4) the injury causes damages that the legal system could address.

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

Based on the facts of the situation, the plaintiff (the patient or their legally designated representative) or their attorney may bring the case in state or federal court. The majority of malpractice cases are filed in state courts, but in certain situations the medical negligence lawsuit can be filed in federal district court.

Wrong Surgery

The procedure that is performed on the wrong site is not common but it could be considered medical malpractice if the procedure is performed in the wrong part of your body. This type of mistake is usually the result of miscommunications between members of the surgical team, or by production pressures that lead to the surgeon performing multiple surgeries assigned at once. In these cases, a surgeon is not solely responsible for an incorrect-site procedure due to a legal principle known as "res ipsa locquitur", which states that the result is a matter of fact and cannot be attributed to negligence.

If the patient is injured during an operation that was performed on the wrong site it is possible that the patient will require additional procedures to fix issues that were caused by the mistake. This could result in expensive medical bills for patients and their families. These expenses must be taken into consideration when calculating the financial impact of medical malpractice claims.

The majority of times surgeons are held accountable for surgical mistakes. They are accountable for preparing the patient for the procedure, checking the medical record and chart of the patient, communicating with the medical team, and ensuring that the incision was made at the right place. In some cases, a hospital or anesthesiologist can also be held liable. Medical Malpractice lawyers lawsuits are typically filed in state court, but they may be transferred under certain circumstances to federal court.