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Common Causes of Malpractice Litigation

Malpractice litigation involves a complex procedure. If a patient is able to prove four factors, it will determine whether or malpractice not the mistake is malpractice. These are professional obligation; a breach of that duty; an injury resulting from the breach; and measurable damage.

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

Incorrect diagnosis and failure to diagnose

A physician's inability to accurately diagnose an illness or injury could result in grave complications, or even death. A large number of medical malpractice cases involve misdiagnosis. To prove negligence, the patient or their lawyer must demonstrate that a competent doctor under similar circumstances and working in the same area would not have misdiagnosed the problem.

Every misdiagnosis can be considered to be malpractice, however. Even the most skilled and trained doctors make mistakes, and a claim of malpractice must be supported by other elements such as breach, proximate cause and actual injury. If a doctor does not sterilize his equipment before administering anesthesia and the patient is infected because of this, he could be liable.

In most cases, lawsuits alleging malpractice will be filed in the state trial court in which the alleged malpractice took place. Federal courts may be able to handle the case in certain instances. A case may be brought before a federal court in specific circumstances. For instance it could involve an issue regarding the statute of limitations or when the parties are of different citizenships. Alternatively, some claims are settled through voluntary binding arbitration. This is a less-formal process that involves professional decision makers. It is designed to lower expenses, speed up the legal proceedings, and eliminate the risk that comes with generous juries. Arbitration is not available in all instances of misconduct.

Dosage of a drug that is incorrect

Medication errors--also called medication mistakes--are among the most common causes of medical malpractice lawsuits. They can be caused by a physician writing a prescription incorrectly or delivering the wrong dose to the patient. These errors are usually preventable. Depending on the circumstances the hospital, its staff, a pharmacist or other health care provider could be held responsible for the injuries suffered by the patient who received the wrong dosage of a drug.

A doctor may prescribe the wrong drug because of a misdiagnosis or simply failing to read the prescription. A health professional may also administer the wrong dosage because of an interruption in communication for instance, when the nurse reads the doctor's handwritten prescription incorrectly or the pharmacist commits an error in filling out the prescription. In other cases the doctor may delay in administering the correct medication to the patient, which could result in their condition becoming worse.

To win a malpractice case, a victim must establish that the medical professional did not meet their standard of care and that their negligence directly led to their injuries. This requires medical experts to be present. Additionally, a medical malpractice attorney claim must establish the extent of the victim's injuries as well as the damage they sustained as a result of the negligence. This includes the cost of treatment and any wage loss. The more money you lose of the claim, the greater the value of the claim.

The wrong 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 accountable for negligence. Patients who are injured as a result of an error during surgery can be held responsible for any mistakes that were made during the procedure.

Any health care professional who is accused of malpractice must show that the patient was harmed through a specific act or omission to act. To prove this the legal counsel of the patient must demonstrate that: (1) the doctor was bound by an obligation to provide care or treatment; (2) that the doctor violated that duty; (3) that there is a direct and causal connection between the breach and the injury and (4) that the injury results in damages that the legal system can deal with.

A breach of duty of care is no meaning unless it results in injury. This is the reason why 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 by negligence.

Based on the facts of the situation, the plaintiff (the patient or their legally appointed representative) or their lawyer may make the claim in a federal or state court. The majority of malpractice cases are filed in state court, however in certain circumstances the medical malpractice lawsuit can be brought in federal district court.

Wrong Surgery

The wrong-site surgery is rare however, it could be a case of medical malpractice in the event that the procedure is carried out in the wrong area of your body. This type of mistake is usually caused by miscommunications between the surgical team, or by production pressures that lead to surgeons being assigned multiple surgeries at once. In these cases, a surgeon is not solely responsible for an incorrect-site operation due to a legal rule known as "res ipsa locquitur" which states that the result speaks for itself and cannot be blamed on negligence.

If someone is injured during a wrong-site procedure the patient may require additional procedures to fix issues that were caused by the mistake. Patients and their families are left with high medical bills. It is essential to take these costs into account when calculating the financial costs of medical malpractice lawsuits.

Surgeons are most often accountable for surgical errors since they are the ones who are accountable for getting ready for the procedure 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 has been placed at the right place. However, in some instances hospitals or anesthesiologists may also be held responsible. Medical malpractice cases are typically filed in state courts, but under certain circumstances they may be transferred to federal courts.