Common Causes of Malpractice Litigation

The process of bringing a malpractice lawsuit is a complex procedure. The question of whether or not an error constitutes malpractice depends on the ability of the patient to prove four legal elements such as a professional duty; breach of this duty; harm resulted from the breach and damages that can be quantifiable.

Plaintiffs must prove these elements through evidence such as expert testimony, depositions and discovery.

Undiagnosed or Incorrectly Diagnosed

Failure to diagnose an injury or illness in a timely manner can lead to serious complications, or even death. Misdiagnosis is a common reason for medical malpractice. To prove negligence, a person or their lawyer must show that a qualified doctor in similar circumstances would not have misdiagnosed an illness.

Misdiagnosis does not always constitute malpractice. Even highly skilled and experienced doctors make mistakes, and an allegation of malpractice needs to be backed by other elements such as breach, proximate causality and actual injury. If a doctor fails sterilize his equipment before administering anesthesia and the patient develops an infection due to this, the doctor might be guilty.

Lawsuits alleging malpractice are typically filed in state trial courts where the alleged error occurred. However, federal courts may have jurisdiction under limited circumstances. For instance, a claim could be filed in federal court if it is an issue regarding a statute of limitations or when there is a significant diversity of citizenship of those involved in the dispute. Certain disputes are settled via binding voluntary arbitration. This is a less formal process which involves professionals who make the decisions. It is designed to reduce costs, expedite the legal process, and remove the risk of overly generous juries. Arbitration is not available in all instances of misconduct.

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. These errors can be caused by a doctor who has submitted prescriptions in the wrong format, or giving the patient the wrong dosage. These mistakes are usually preventable. According to the situation, a pharmacy, a hospital or other health care providers could be held responsible for the injuries caused by patients who were given the wrong dosage of a drug.

A doctor may 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 administer the wrong dose due to an interruption in communication, such as when nurses read a doctor's handwritten script incorrectly or the pharmacist commits an error in filling the prescription. In other cases the doctor may delay delivering the correct medication, which could lead to the patient's condition getting worse.

To be successful in a malpractice lawsuit, 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. Moreover, a medical malpractice case must demonstrate the extent of the injuries suffered by a victim and the damages they suffered because of the negligence. This includes the cost of treatment and any lost wages. The more loss you suffer is, the more valuable of the claim.

Incorrect Procedure

It's not likely for medical professionals to perform the wrong procedure on a patient, however, this kind of thing is quite common. If a surgeon makes this error can be found responsible for negligence. A patient who suffers injury as a result of an error in surgery could be held responsible for any error that occurred during the procedure.

A health care professional who is accused of malpractice must prove that the patient was injured due to the specific act or failure to act. To establish this the legal team of the patient must prove that: (1) the doctor had an obligation to provide care or treatment; (2) that the doctor breached the duty of care; (3) that there is a direct causal link between the breach and the injury and (4) that the injury results in damages that the legal system can resolve.

A breach of duty of care has no meaning unless it result in injury. This is why medical malpractice cases tend to be based on the legal doctrine "res ipsa locquitur" which states that certain injuries are so obvious that they can only be explained by negligence.

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

Wrong Surgery

Wrong-site surgery is a rare error, but it can be considered medical malpractice if the procedure is carried out on the wrong portion of the body. This type of error is often caused by miscommunications between members of the surgical team or production pressures that lead to surgeons being assigned multiple surgeries scheduled at the same time. In these cases the surgeon isn't all-in on his responsibility for a surgery that was performed on the wrong site because there is the legal principle known as "res ipsa loquitur" which means that the outcome of the error speaks for itself and cannot be traced to negligence.

If a patient is injured during a wrong-site procedure, he or her may require additional procedures to rectify issues that were caused due to the error. This could result in expensive medical bills for patients and their families. It is essential to take these costs into consideration when calculating the financial cost of medical malpractice lawsuits.

The majority of times surgeons are held accountable for surgical mistakes. They are accountable in preparing the patient prior to the procedure, as well as checking the chart and medical records of the patient, communicating with the medical team, and ensuring that the incision was made at the correct location. However, in some cases an anesthesiologist or hospital may also be held responsible. Medical malpractice law firms lawsuits are usually filed in state courts, but in certain situations they may be transferred to federal courts.