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Common Causes of Malpractice Litigation

Malpractice litigation is a complex procedure. The degree to which an error is malpractice compensation based on whether the patient can prove four legal elements which include professional duty and breach of this duty; harm caused by the breach and the possibility of quantifiable damages.

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

Undiagnosed or Incorrectly Diagnosed

The failure of a physician to accurately diagnose a disease or injury could lead to serious complications or even death. A lot of medical malpractice cases involve misdiagnosis. To establish negligence, a patient or their lawyer must show that an experienced doctor in similar circumstances would not have misdiagnosed a condition.

Misdiagnosis does not always constitute malpractice. Even highly skilled and experienced doctors can make mistakes. Therefore, a claim of malpractice must be backed by other elements, such as breach, proximate cause or actual injury. If a doctor fails sterilize his equipment prior the time he administers anesthesia and the patient develops an infection as a result of this, the doctor may be found to be negligent.

In the majority of 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 situations. For example, a claim could be filed in federal court if there is the interpretation of the statute of limitations or in the event of a significant variation in the citizenship of those involved in the dispute. Some claims are settled by binding arbitration. This is a less formal procedure involving professional decision makers that is intended to save costs, expedite legal proceedings and eliminate the risk of overly generous juries. Arbitration is not available in all cases of malpractice.

Dosage of a drug that is incorrect

Medication errors, also known as medication errors are among the main causes of medical malpractice suits. These errors could be caused by a physician submitting prescriptions in the wrong format or giving the patient the incorrect dosage. These mistakes are often avoidable. In the event of an incident an individual pharmacy, hospital or other health care providers could be held responsible for injuries caused by a patient who was given the wrong dosage of a drug.

A doctor can prescribe the wrong medication as a result of a misdiagnosis or by simply misreading the prescription. A health professional can also administer the wrong dosage due to a failure in communication. For example, a nurse may take a doctor's prescription and read it incorrectly or a pharmacist could fail to fill the prescription. In other situations, a doctor could delay in administering the correct medication to the patient, which could result in their condition worsening.

To prevail in a malpractice case, the victim must demonstrate that the medical professional did not meet their duty of care and that the negligence directly caused their injuries. This requires medical experts to be able to testify. Additionally, a medical malpractice claim must establish the extent of the injuries suffered by a victim and the damages they sustained because of the negligence. This includes the cost of treatment and any wage loss. The more the loss the greater the value of the claim.

Unskillful Procedure

This kind of situation is not uncommon. It might seem impossible for malpractice lawsuit medical professionals to perform the wrong procedure on patients but it does happen. The surgeon who commits this error may be held responsible for malpractice. If a patient is injured because of a surgical error may be held accountable for any negligence that occurred during the procedure.

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

A breach of the duty of care is meaningless unless it causes injury, that's why medical malpractice claims are typically founded on a legal principle called "res ipsa loquitur." This law states that, in a majority of cases certain injuries are so obvious and evident that they are only explained by negligence.

Based on the facts, the plaintiff (the person who filed the claim, or their legal representative) or their lawyer could decide to file the case either in state or federal court. Most malpractice cases are filed in state court, but in certain circumstances the medical malpractice lawsuit can be filed in federal district court.

Wrong Surgery

The wrong-site procedure is rare but it could be considered medical malpractice if the procedure is performed in the wrong part of your body. This kind of error is usually caused by miscommunications between the surgical team, or due to pressures on production that result in surgeons having multiple surgeries at once. In these situations the surgeon isn't all-in on his responsibility for a surgical error that is not performed correctly since there is an underlying legal principle referred to as "res ipsa loquitur" which means that the consequence of the error speaks for itself and cannot be attributed to negligence.

If a patient is injured during surgery that is performed on the wrong site, he or she may require additional procedures to repair issues that were caused by the mistake. Patients and their families are left with expensive medical bills. This expense should be taken into consideration when calculating the financial consequences of medical malpractice lawyer claims.

Most often surgeons are liable for surgical mistakes. They are responsible in preparing the patient for surgery, reviewing the medical records and chart of the patient, coordinating with the rest of the medical personnel, and ensuring that the incision was placed at the right place. In certain instances an anesthesiologist or hospital may also be held responsible. Medical malpractice cases are usually filed in state court, but they may be transferred under certain circumstances to federal court.