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Common Causes of Malpractice Litigation

The process of bringing a malpractice lawsuit is a complex procedure. If an error constitutes malpractice depends on whether the patient is able to establish four legal elements such as a professional duty and breach of this duty; harm resulted from the breach and damages that can be quantifiable.

Plaintiffs must also prove the elements using evidence such as expert testimony and depositions.

Incorrect diagnosis or failure to diagnose

Failure to identify an injury or illness correctly can result in serious complications, or death. Misdiagnosis is a common reason for medical negligence. To prove negligence, the patient or their attorney must demonstrate that a competent doctor under similar circumstances and working in the same area would not have misdiagnosed the condition.

It is not always a case of malpractice, however. Even the most experienced and highly trained doctors make mistakes. Therefore, a claim of malpractice must be supported by other elements such as breach, proximate causation, and actual injury. If a physician fails to sterilize his equipment prior the time he administers anesthesia, and the patient gets infected due to this, the doctor may be guilty.

In the majority of instances, lawsuits claiming that there was a mistake will be filed in the state trial court in which the alleged misconduct occurred. Federal courts can be able to hear cases in certain instances. For instance, a lawsuit could be filed in federal court in the event of the interpretation of the time limit or when there is a significant variety of citizenship among the parties involved in the case. Some claims can be settled through voluntary binding arbitration. This is a less formal process that involves professional decision makers. It is designed to reduce costs, expedite the legal process, and reduce the risk associated with overly large juries. Arbitration is not available in all cases of misconduct.

Dosage for a drug that is not correct

Medication errors are among the most common causes of medical malpractice lawsuits. They can result from a doctor writing a prescription incorrectly or giving the wrong dosage to a patient. These errors are often preventable. Depending on the circumstances the hospital staff member, a pharmacist or other health care professionals could be held responsible for the harms suffered by patients who were given the wrong dosage of medication.

A doctor could prescribe incorrect medication to a patient as a result of an incorrect diagnosis or simply because he/she misreads the prescription. A health professional could also prescribe the wrong dosage due to an issue with communication like when nurses read the doctor's handwritten script in error or the pharmacist makes a mistake in filling out the prescription. In other cases, a physician might delay in administering the correct medication to the patient, resulting in the patient's condition getting worse.

A victim must prove, to be successful in a malpractice claim that the medical professional violated their standards of practice and that their injuries were directly caused by the negligence. This requires medical experts to be able to testify. A medical malpractice case must establish the extent and damage of the victim's injuries. This includes the cost of treatment for the victim as well as any lost wages. The more the loss the greater the value of the claim.

Wrong Procedure

It's not likely that medical professionals could perform the wrong procedure on a patient but this type of incident does occur. A surgeon who commits this error could be held accountable for malpractice. Patients who are injured because of an error in surgery could be held responsible for any negligence that occurred during the procedure.

Any health care professional who is accused of misconduct must show that the patient was injured due to a specific act or failure to act. To prove this, the legal team representing the patient must prove: (1) that the doctor was legally obligated to treat or provide care to the patient; (2) that he did not fulfill that duty; (3) that a causal connection exists between the negligence and injury and (4) the harm results in damages that the legal system can deal with.

A breach of the duty of care is insignificant unless it causes injury which is why medical malpractice claims are typically based on a legal doctrine called "res ipsa loquitur." This law says that, in the majority of cases, certain injuries are so evident and obvious that they are only explained by negligent actions.

Depending on the facts, the plaintiff (the person who filed the claim or their legal representative) or their attorney may decide to file a lawsuit either in state or federal court. The majority of malpractice cases are filed in state court, but under certain circumstances medical malpractice lawsuits could be filed in federal district court.

Wrong Surgery

The wrong-site surgery isn't common however, it could be a case of medical malpractice lawyers when the procedure is performed in the wrong location of your body. This kind of error is usually caused by miscommunications between members of the surgical team or pressures in the production process that result in the surgeon performing multiple surgeries scheduled at the same time. In these cases, the surgeon is not alone in his or her liability for a wrong-site surgery because there is an underlying legal principle referred to as "res ipsa loquitur" which means that the outcome of the error speaks for itself and can be attributed to negligence.

If a patient gets injured during surgery that is performed on the wrong site and is injured, they may require additional procedures to repair issues that were caused by the mistake. This can result in high medical expenses for patients and their families. It is essential to consider these costs when calculating the financial cost of medical malpractice claims.

Surgeons are typically accountable for surgical errors because they are the ones who are accountable for prepping for the operation by double-checking patient's chart and medical records, communicating effectively with the other members of the medical team and making sure the incision is placed at the right place. In some cases an anesthesiologist or hospital may also be held responsible. Medical malpractice claims are usually filed in state courts, however, in certain situations they may be transferred to federal courts.