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Common Causes of Malpractice Litigation

The process of bringing a malpractice lawsuit is a complex procedure. If a patient can prove four elements, it will decide whether or not the error is malpractice. These are the following: a professional obligation in breach of this obligation; a repercussion from the breach; and measurable damage.

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

Incorrect diagnosis and failure to diagnose

The inability of a doctor to accurately diagnose a disease or injury could lead to serious complications or even death. The misdiagnosis of a patient is a frequent cause of medical negligence. To prove negligence the patient or their attorney must prove that a competent doctor under similar circumstances and in the same specialty would not have misdiagnosed the condition.

Every misdiagnosis can be considered to be an error, but. Even highly skilled and experienced doctors make mistakes, and a claim of malpractice must 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 gets infected because of this, the doctor could be guilty.

Lawsuits alleging malpractice are typically filed in state trial courts where the alleged malpractice took place. Federal courts can however have jurisdiction in certain instances. For instance, a lawsuit could be filed in federal court if it involves the interpretation of the time limit for filing a claim or when there is a substantial diversity of citizenship of the parties in the case. Alternatively, some claims are resolved through binding arbitration that is voluntary. This is a less formal procedure with professional decision makers. It is designed to reduce costs, expedite legal proceedings and eliminate the possibility of excessively generous juries. However, arbitration is not accessible for all malpractice claims.

Dosage for a drug that is not correct

Medication errors are among the most common causes of medical malpractice lawsuits. These errors can be caused by a physician who writes a prescription in a wrong format or giving the patient the incorrect dosage. These errors are generally preventable. Depending on the circumstances the hospital, its staff, a pharmacist or other health care providers may be held liable for the injuries of a patient who was given the wrong dosage of a drug.

A doctor might prescribe the wrong medication to a patient as a result of an inaccurate diagnosis or simply by misreading the prescription. A health professional could also give the wrong dosage due to a lapse in communication. For example the nurse might not read a doctor's prescription correctly or a pharmacist might make an error when filling the prescription. In other situations the doctor may delay the administration of the correct medication to the patient, which could result in their condition worsening.

In order to be successful in a malpractice lawsuit, a victim must demonstrate that the medical professional violated their standard of care and that negligence directly caused their injuries. This requires medical experts to provide evidence. A medical malpractice claim also must prove the extent and severity of the victim's injuries. This includes the costs of treatment for a patient and any wages lost. The more loss you suffer, the higher the value of the claim.

The wrong procedure

This kind of situation is not uncommon. It might seem unattainable for medical professionals to carry out the wrong procedure on patients, however, it is a reality. A surgeon who commits this mistake can be held accountable for negligence. However, a patient who is injured due to a surgical error could also be held accountable for any negligence that occurred during the path to the procedure.

Any health care professional who is accused of misconduct must show that the patient was harmed by a specific act or inaction. To prove this the legal team representing the patient must demonstrate: (1) that the doctor was legally obligated to care for or treat the patient; (2) that he breached that duty; (3) that a causal connection exists between the negligence and injury and (4) the injury results in damages the legal system could address.

A breach of the duty of care has no significance unless it causes injury which is the reason medical malpractice lawyers lawsuits are generally founded on a legal principle known as "res ipsa loquitur." This law says that, in a majority of cases certain injuries are so obvious and recognizable that they are only 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 lawyer could decide to file a lawsuit in state or federal court. The majority of malpractice cases are filed in state court, however under certain circumstances, a medical malpractice lawsuit can be brought in federal district court.

Wrong Surgery

Wrong-site surgery is a rare error, but it could be considered medical malpractice when the procedure is carried out on the wrong portion of the body. This type of error is usually the result of miscommunications between members of the surgical team, or by production pressures that lead to surgeons being assigned multiple surgeries at once. In these situations the surgeon is not solely responsible for a wrong-site operation due to a legal principle known as "res ipsa locquitur", which states that the outcome is a matter of fact and cannot be attributed to negligence.

If a patient is injured by wrong-site surgery the patient may require additional procedures to correct problems caused by the mistake. Patients and their families are left with costly medical bills. It is crucial to keep these costs in mind when calculating the financial burden of medical malpractice lawsuits.

Surgeons are typically held liable for surgical errors because they are the ones who are responsible for 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 made on the correct site. In some instances hospitals or anesthesiologists may also be held responsible. Medical malpractice lawsuits are usually filed in state courts. However, under certain circumstances they may be transferred to federal court.