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Common Causes of Malpractice Litigation

Malpractice litigation is a complicated procedure. If a patient can demonstrate four elements, it will decide whether or not the mistake is a case of malpractice. These are: a professional obligation and a breach of that obligation; a repercussion from the breach; and quantifiable damage.

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

Incorrect diagnosis and failure to diagnose

Inability to recognize an injury or illness correctly can lead to serious complications, or death. Incorrect diagnosis is a common reason for medical negligence. To prove negligence, a person or their lawyer must prove that a skilled doctor in similar circumstances would not have misdiagnosed an illness.

Every misdiagnosis can be considered to be an error, but. Even highly trained and experienced doctors make mistakes, therefore the claim of malpractice attorney must be supported by other factors such as breach, proximate causality and actual injury. For example, if a physician does not take the time to sterilize their equipment prior to administering anesthesia and the patient suffers an infection due to the infection the doctor may be guilty of malpractice settlement.

In the majority of instances, lawsuits claiming that there was a mistake will be filed in the state trial court in which the alleged error occurred. Federal courts may however have jurisdiction in certain circumstances. For instance, a lawsuit may be brought in federal court if it is disputes over the time limit or in the event of a significant variety of citizenship among the parties in the case. Certain disputes are settled through binding voluntary arbitration. This is a less formal process that is governed by professional decision makers. It is designed to reduce costs, expedite the legal process, and reduce the risk of overly large juries. Arbitration is not available in all instances of malpractice case.

The wrong dosage of medication

Medication errors, also referred to as medication mistakes, are one of the most common causes of medical malpractice suits. These errors can be caused by a physician submitting a prescription in the wrong format, or giving the patient the wrong dosage. These errors are usually avoidable. According to the situation an individual pharmacy, hospital or other health care providers could be held responsible for the injuries resulting from a patient who received the wrong dosage of a drug.

A doctor can prescribe the wrong drug because of a misdiagnosis or simply failing to read the prescription. A health care provider may also prescribe the wrong dose due to a breakdown in communication like when the nurse reads a doctor's handwritten script incorrectly or the pharmacist makes a mistake in filling the prescription. In other instances the doctor may delay delivering the correct medication, which can cause the patient's illness to worsening.

To prevail in a malpractice lawsuit, a victim must demonstrate that the medical professional violated their standard of care and that their negligence directly led to their injuries. This requires testimony from a medical expert. Furthermore, a medical negligence case must establish the severity 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. Generally, the greater a loss is, the more valuable the claim will be.

Wrong Procedure

This kind of incident is not unusual. It may seem like a challenge for medical professionals to carry out the incorrect procedure on patients, but it does happen. A surgeon who makes this kind of error could be held responsible for malpractice compensation. However the patient who is injured as a result of a surgical error can also be held accountable for any negligence that occurred the process.

Any health care professional who is accused of malpractice must prove that the patient was harmed due to a specific act or omission to act. To establish this the legal team representing the patient has to prove: (1) that the doctor was legally obligated to care for or treat the patient; (2) that he did not fulfill that duty; (3) that a causal connection exists between the breach and injury; and (4) the injury causes damages that the legal system can deal with.

A breach of duty of care is no meaning unless it result in injury. This is the reason why medical malpractice attorneys cases are often based 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 facts, the plaintiff (the person who filed the claim, or Malpractice Litigation their legal representative) or their lawyer may decide to file the claim either in state or federal court. The majority of malpractice cases are filed with state courts, however in certain situations, a medical negligence lawsuit can be brought to federal district court.

Wrong Surgery

The wrong-site surgery is rare but it could be considered medical malpractice when the procedure is performed in the wrong area of your body. This kind of error is usually the result of miscommunications between members of the surgical team, or production pressures that result in the surgeon performing multiple surgeries scheduled at the same time. In these situations the surgeon isn't solely responsible for a wrong-site operation due to the legal principle of "res ipsa locquitur", which states that the result speaks for itself and cannot be blamed on negligence.

If the patient is injured during an operation that was performed on the wrong site the patient may need additional procedures to correct issues that were caused due to the error. This can result in high medical expenses for patients and their families. These expenses must be taken into consideration when calculating the financial impact of medical malpractice claims.

Most often surgeons are liable for surgical mistakes. They are responsible in preparing the patient for surgery, reviewing the medical records and charts of the patient, communicating with the medical staff, and making sure that the incision was made in the correct place. In certain instances the hospital or anesthesiologist may also be held responsible. Medical malpractice lawsuits are typically filed in state courts, however, they can be transferred under certain circumstances to federal court.