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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 constitutes malpractice depends on whether the patient is able to prove four legal elements: a professional duty and breach of this duty; harm due to the breach and quantifiable damages.

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

The wrong diagnosis and the inability to recognize

Failure to diagnose an injury or illness in a timely manner could lead to serious complications, or death. Many medical malpractice cases involve mistaken diagnosis. To show negligence, the patient or their lawyer must demonstrate that a qualified doctor in similar circumstances would not have misdiagnosed a condition.

Misdiagnosis does not always constitute negligence. Even highly skilled and experienced doctors can make mistakes. Therefore, a claim for malpractice must be backed by other factors, such as breach, proximate cause or actual injury. For instance when a doctor does not take the time to clean their equipment prior the time they administer anesthesia to a patient and they develop an infection due to the infection, the doctor could be guilty of malpractice.

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 may however have jurisdiction in certain instances. For example, a claim may be brought in federal court if it is a dispute over the time limit for filing a claim or when there is a significant variety of citizenship among the parties to the case. Certain disputes are settled through arbitration that is binding and voluntary. This is a less formal procedure that is governed by professional decision makers. It is designed to lower costs, speed up legal process, and remove the risks associated with large juries. However, arbitration isn't available for all claims of malpractice.

Dosage of a drug that is incorrect

Medication errors--also called medication mistakes--are one of the main causes of medical malpractice lawsuits. These errors could be caused by a physician submitting prescriptions in the wrong format or giving the patient the wrong dosage. These mistakes are usually avoidable. According to the circumstances the hospital staff member, a pharmacist or other health care professionals may be held liable for the injuries sustained by the patient who received the wrong dosage of medication.

A doctor could prescribe the incorrect medication to a patient as a result of an inaccurate diagnosis or simply due to a misreading of the prescription. A health professional could also prescribe the wrong dosage due to a breakdown in communication. For example the nurse might take a doctor's prescription and read it incorrectly or a pharmacist could make an error when filling the prescription. In other cases the doctor may delay the proper medication, which can result in the patient's health worsening.

To win a malpractice lawsuit, a victim must prove that the medical professional breached their duty of care and that their negligence directly led to their injuries. This requires the testimony of a medical expert. A medical malpractice case also must establish the extent and damages of the victim's injuries. This includes the cost of a person's treatment and any lost wages. The more money you lose is, the more valuable of the claim.

Unskillful Procedure

This kind of incident is not uncommon. It might seem impossible for medical professionals to perform the incorrect procedure on patients, but it's true. A surgeon who commits this error could be held liable for negligence. However patients who are injured by a surgical mistake could also be held responsible 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 injured due to a specific act or inaction. To prove this, the legal team of the patient must demonstrate: (1) that the doctor had a responsibility to treat or provide care to the patient; (2) that he failed to fulfill his obligation; (3) that a causal link exists between the breach and the injury; and (4) the injury causes damages that the legal system can address.

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

Depending on the circumstances depending on the facts, the plaintiff (the person who filed the claim or their legal representative) or their attorney may decide to file the case in either state or federal court. The majority of malpractice cases are filed in state court, however under limited circumstances, a medical malpractice lawsuit can be filed in federal district court.

Wrong Surgery

The wrong-site procedure is rare, but can be considered medical malpractice in the event that the procedure is carried out in the wrong area of your body. This kind of error is usually caused by miscommunication between the members of a surgical team or production pressure that results in the surgeon being tasked with multiple surgeries at once. In these instances 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 traced to negligence.

If an individual is injured in a wrong-site procedure it is possible that the patient will require additional procedures to rectify issues that were caused by the mistake. Patients and their families are left with high medical bills. These expenses should be taken into consideration when calculating the financial impact of medical malpractice lawsuits.

Surgeons are typically found to be responsible for surgical mistakes because they are the individuals who are responsible for getting ready for the procedure, double-checking the patient's chart and medical records, communicating effectively with other members of the medical team, and making sure the incision is made on the correct site. However, in certain instances an anesthesiologist or hospital may also be liable. Medical malpractice lawsuits are typically filed in state court but can be transferred under certain circumstances to federal court.