Common Causes of Malpractice Litigation

The process of bringing a malpractice lawsuit is a complex procedure. If a patient is able to prove four elements, it will determine whether or not the mistake is a case of malpractice. These are: a professional obligation in breach of this obligation; an injury that results from the breach; and measurable damage.

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

Incorrect diagnosis or failure to diagnose

Failure to correctly diagnose an injury or illness accurately can result in serious complications, or death. It is a typical reason for medical malpractice. To prove negligence, the patient or their lawyer must demonstrate that a competent doctor in similar circumstances and in the same specialty would not have misdiagnosed the condition.

Not every misdiagnosis is malpractice, however. Even highly skilled and experienced doctors can make errors. Therefore, any claim of malpractice must be backed up by other elements such as breach, proximate causes and actual injury. If a doctor fails sterilize his equipment before administering anesthesia, and the patient is infected due to this, the doctor might be found to be negligent.

In the majority of cases, lawsuits that allege malpractice will be filed in the state trial court in which the alleged error occurred. Federal courts can, however, have jurisdiction in certain situations. A case can be brought before a federal court in certain circumstances. For instance, it may involve an issue regarding a statute of limitation or if the parties are of different nationalities. Certain disputes are settled through binding arbitration. This is a less formal process which involves professionals who make the decisions. It is designed to cut costs, speed up legal process, and reduce the risks associated with large juries. However, arbitration is not available for all claims of malpractice.

Dosage of a drug that is incorrect

Medication errors, also known as medication mistakes, are one of the most common causes of medical malpractice lawsuits. These errors can be caused by a physician who writes prescriptions in a wrong format or giving the patient the wrong dosage. These mistakes are usually preventable. Based on the circumstances, a hospital, its staff, a pharmacist or other health professionals could be held accountable for the harms suffered by patients who were given the wrong drug dosage.

A doctor could prescribe wrong medication to a patient because of an inaccurate diagnosis or simply because they misread the prescription. A health professional could also prescribe the wrong dosage because of a glitch in communication. For example the nurse might not read a doctor's prescription correctly or a pharmacist may make an error when filling the prescription. In other instances, a doctor could delay the proper medication to the patient, resulting in their condition becoming worse.

To be successful in a malpractice lawsuit, a victim must establish that the medical professional violated their duty of care and that their negligence directly led to their injuries. This requires medical experts to be present. Additionally, a medical malpractice case must prove the extent of the victim's injuries as well as the damages they suffered as a result of the negligence. This includes the cost of treatment as well as any wage loss. The greater person's losses are and the greater the value of the claim will be.

Wrong Procedure

It may seem impossible that medical professionals could perform the wrong procedure on a patient, however, this kind of thing is quite common. A surgeon who commits the mistake could be held liable for malpractice. Patients who are injured because of a surgical error may be held accountable for any errors that occured during the procedure.

Any health professional who is alleged to be negligent must show that the patient was harmed through a specific act or omission to act. To prove this the legal counsel of the patient must demonstrate that: (1) the doctor was under an obligation to provide care or treatment; (2) that the doctor breached this duty; (3) that there is a direct causal relationship between the breach and the injury; and (4) that the injury causes damages that the legal system can resolve.

A breach of the duty of care is insignificant unless it causes injury, this is why medical malpractice claims are typically made based on a law known as "res ipsa loquitur." This law states that, in the majority of cases certain injuries are so obvious and recognizable that they are only explained by negligent actions.

Depending on the circumstances of the case, the plaintiff (the patient or their legally designated representative) or their attorney could file the claim in federal or state court. Most malpractice law firm cases are filed in state court. However, in certain circumstances, a medical malpractice lawsuit may be filed in federal district court.

Wrong Surgery

Surgery performed on the wrong site is a very rare mistake, but it could be considered medical malpractice when the procedure is performed on the wrong side of the body. This kind of error usually occurs as caused by a lack of communication between the members of a surgical team or production pressure that leads to an individual surgeon being assigned multiple surgeries at one time. In these instances the surgeon is not solely responsible for an incorrect-site operation due to a legal rule known as "res ipsa locquitur" which states that the result speaks for itself and cannot be blamed on negligence.

If a patient is injured during an improper procedure and is injured, they may require additional procedures to fix issues that were caused by the mistake. Patients and their family members are left with hefty medical bills. It is important to consider these costs when calculating the financial costs of medical malpractice claims.

Surgeons are most often accountable for surgical errors since they are the ones who are responsible for properly preparing for the operation by double-checking patient's chart and medical records, coordinating effectively with the other members of the medical team, and making sure that the incision has been done at the correct place. However, in certain instances hospitals or Malpractice Lawsuit anesthesiologists may also be liable. Medical malpractice claims are typically filed in state court, however, they can be transferred under certain circumstances to federal court.