Common Causes of Malpractice Litigation

Malpractice litigation is a complicated process. If a patient can demonstrate four elements, it will be able to determine whether or not the mistake is a case of malpractice. These are: a professional obligation in breach of this duty; a loss resulting from the breach; and measurable damage.

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

Undiagnosed or Incorrectly Diagnosed

The inability of a doctor to accurately diagnose an illness or injury could lead to serious complications or even death. Many medical malpractice cases result from misdiagnosis. To prove negligence, a patient or their lawyer must show that a seasoned doctor in similar circumstances would not have misdiagnosed an illness.

The misdiagnosis of a patient does not always mean negligence. Even highly-trained and experienced doctors can make mistakes. Therefore, a claim of malpractice must be backed up by other elements like breach, proximate cause or actual injury. If a physician fails to sterilize his equipment before administering anesthesia, and the patient gets infected because of this, he could be found to be negligent.

Lawsuits alleging malpractice are typically filed in state trial courts where the alleged error occurred. However, federal courts could have jurisdiction under limited circumstances. For instance, a case could be filed in federal court in the event of disputes over the statute of limitations or when there is a substantial diversity of citizenship of the parties to the case. Certain disputes are settled through binding arbitration. This is a less formal procedure with professional decision makers. It is designed to cut costs, expedite legal proceedings and eliminate the risk of overly generous juries. Arbitration is not available in all cases of malpractice.

Dosage for a drug that is not correct

Medication mistakes, also referred to as medication errors, malpractice lawsuits are among the most common causes of medical malpractice lawsuits. These errors could be caused by a physician submitting a prescription in the wrong format, or giving the patient the wrong dosage. These errors are typically preventable. According to the situation the pharmacy, hospital or other health care providers could be held accountable for the harm caused by a patient who received the wrong dose of a medication.

A doctor could prescribe incorrect medication to a patient as a result of an inaccurate diagnosis or simply because they misread the prescription. A health professional could also prescribe the wrong dosage due to a failure in communication. For example nurses may read a doctor's script incorrectly or a pharmacist might fail to fill the prescription. In other situations, a physician might delay in administering the correct medication to the patient, which could result in their condition deteriorating.

To win a malpractice case, a victim must show that the medical professional did not meet their standard of care, and that their negligence directly led to their injuries. This requires medical experts to be able to testify. A medical malpractice claim also must establish the extent and damage of the victim's injuries. This includes the cost of treatment and any wage loss. The greater the loss the greater the value of the claim.

Wrong Procedure

This type of incident is not uncommon. It may seem impossible for medical professionals to perform the wrong procedure on patients, but it does happen. A surgeon who makes the mistake could be held accountable for negligence. However those who are injured due to a surgical error can also be held accountable for any negligence that occurred the process.

Any health professional who is alleged to be negligent must show that the patient was hurt due to a specific act or inaction. To prove this, the legal team of the patient must prove: (1) that the doctor was legally obligated to care for or treat the patient; (2) that he failed to fulfill his obligation; (3) that a causal connection exists between the breach and the injury and (4) the injury results in damages the legal system can deal with.

A breach of duty of care is no significance unless it results in injury. This is the reason medical malpractice cases are typically founded on the legal doctrine "res ipsa locquitur" which states that certain injuries are so obvious that they can only be explained by negligence.

Depending on the circumstances of the case, the plaintiff (the patient or their legally appointed representative) or their attorney can make the claim in a federal or state court. The majority of malpractice cases are filed in state court, but in certain circumstances medical malpractice lawsuits can be filed in federal district court.

Wrong Surgery

The wrong-site procedure is rare but it could be considered medical malpractice lawsuit if the procedure is performed in the wrong place on your body. This type of error is usually caused by a lack of communication between the surgical team, or due to production pressures that lead to the surgeon performing several surgeries to perform at the same time. In these instances the surgeon is not solely responsible for an incorrect-site procedure due to the legal principle known as "res ipsa locquitur", which states that the result speaks for itself and cannot be blamed on negligence.

When a patient is injured due to surgery performed on the wrong site and is injured, they may require additional procedures to correct issues that were caused due to the surgical error. Patients and their families are left with costly medical bills. It is essential to keep these costs in mind when calculating the financial burden of medical malpractice claims.

Surgeons are most often accountable for surgical errors since they are the ones who are responsible for properly getting ready for the procedure and double-checking the patient's medical chart and medical records, communicating effectively with the other members of the medical team and making sure that the incision has been placed at the right place. However, in some instances hospitals or anesthesiologists may also be liable. Medical malpractice claims are generally filed in state court however, they can be transferred under certain circumstances to federal court.