Common Causes of Malpractice Litigation

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

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

The wrong diagnosis and the inability to recognize

A physician's inability to accurately diagnose an illness or injury could lead to grave complications, or even death. Many medical malpractice cases involve incorrect diagnosis. To prove negligence the patient or their attorney must prove that a competent doctor in similar circumstances and working in the same area would not have misdiagnosed the problem.

There are many misdiagnosis that could be considered malpractice, however. Even experienced and malpractice lawsuits highly trained doctors are not immune to mistakes. Therefore, any claim of malpractice must be backed by other factors like breach, proximate causes and actual injury. If a doctor does not sterilize his equipment prior to administering anesthesia and the patient becomes infected because of this, the doctor might be liable.

In the majority of cases, lawsuits alleging malpractice will be filed in the state trial court in which the alleged malpractice took place. However, federal courts may have jurisdiction in certain situations. A case can be brought before federal court in certain circumstances. For example it could involve a dispute about a statute of limitation or when the parties have different citizenships. Some claims are settled by binding voluntary arbitration. This is a less formal procedure that involves professionals who make the decisions. It is intended to save costs, expedite legal proceedings, and eliminate the possibility of excessively generous juries. Arbitration is not accessible in all cases of malpractice.

The wrong dosage of medication

Medication errors are one of the main causes of medical malpractice lawsuits. They can involve a physician prescribing the wrong medication or administering the wrong dosage to patients. These errors are usually preventable. According to the circumstances the situation, a pharmacist, a hospital or other health care provider could be held responsible for injuries caused by a patient who was given the wrong dosage of a drug.

A doctor could prescribe the wrong medication to a patient because of an incorrect diagnosis or simply due to a misreading of the prescription. A health care provider can also administer the incorrect dosage due to a lapse in communication. For example nurses may read a doctor's script incorrectly or a pharmacist could make a mistake when filling the prescription. In other instances, a doctor could delay the administration of the correct medication to the patient, which could result in their condition deteriorating.

To prevail in a malpractice case, the victim must show that the medical professional violated their duty of care and that the negligence directly contributed to their injuries. This requires medical experts to testify. Furthermore, a medical negligence case must prove the extent of the injuries suffered by a victim and the damages they suffered as a result of the negligence. This includes the costs of treatment as well as any lost wages. The greater loss is, the more valuable the claim will be.

Wrong Procedure

This type of incident is not uncommon. It might seem unattainable for medical professionals to carry out the wrong procedure on patients, however, it happens. A surgeon who makes this kind of error could be held accountable for malpractice. Patients who are injured because of an error during surgery can be held liable for any errors that occured during the procedure.

Any health professional who is alleged to be negligent must prove that the patient was hurt through a specific act or failure to act. To prove this the legal team representing the patient has to prove: (1) that the doctor had a responsibility to provide care or treat the patient; (2) that he violated his duty; (3) that a causal link exists between the breach and the injury; and (4) the harm results in damages that the legal system could address.

A breach of the duty of care is insignificant unless it causes injury which is the reason medical malpractice lawsuits are generally based on a legal doctrine known as "res ipsa loquitur." This law says that, in a lot of instances, certain injuries are so evident and obvious that they can only be explained by negligent actions.

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

Wrong Surgery

The wrong-site surgery isn't common but it could be considered medical malpractice if the procedure is performed in the wrong location of your body. This type of error usually occurs as the result of miscommunication between the members of a surgical team or production pressure that leads to an individual surgeon being assigned multiple surgeries at the same time. In these situations the surgeon isn't solely responsible for his or her responsibility for a surgery that was performed on the wrong site because there is an underlying legal principle referred to as "res ipsa loquitur" which means that the outcome of the error is evident and can only be attributed to negligence.

If someone is injured during an incorrect procedure it is possible that the patient will require additional procedures in order to correct problems that were exacerbated by the error. Patients and their families are left with costly medical bills. These costs should be considered when calculating the financial consequences of medical malpractice claims.

Most often surgeons are held accountable for surgical errors. They are accountable in preparing the patient for the procedure, examining the medical record and chart of the patient, communicating with the rest of the medical staff, and ensuring that the incision was made at the right place. However, in some instances an anesthesiologist or a hospital could also be accountable. Medical malpractice lawsuits are usually filed in state courts. However, in certain situations they may be transferred to federal court.