Common Causes of Malpractice Litigation

Malpractice litigation is a complicated procedure. The degree to which an error is considered to be malpractice is dependent on whether the patient is able to prove four legal elements: a professional duty breach of this duty; injury caused by the breach and the possibility of quantifiable damages.

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

The wrong diagnosis or the inability to diagnose

The failure of a physician to correctly diagnose an illness or injury could lead to serious complications or even death. Many medical malpractice cases result from incorrect diagnosis. To prove negligence, the patient or their lawyer must demonstrate that a competent doctor under similar circumstances and working in the same field would not have misdiagnosed the problem.

It is not always a case of malpractice, however. Even the most skilled and trained doctors make mistakes, and an allegation of malpractice needs to be supported by other factors like breach, proximate cause and actual injury. For example, if a physician is not careful to sterilize their equipment before administering anesthesia to a patient and they develop an infection in the process the doctor may be found to be negligent.

Lawsuits alleging malpractice are typically filed in state trial courts, where the alleged malpractice occurred. However, federal courts may be able to hear cases in specific circumstances. For example, a claim could be filed in federal court in the event of disputes over the time limit or when there is a significant difference in citizenship among the parties to 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, speed up legal process, and reduce the risk of overly large juries. Arbitration is not available in all instances of malpractice.

Wrong Drug Dosage

Medication mistakes, also referred to as medication errors, are among the most common causes of medical malpractice lawsuits. They can involve a physician prescribing the wrong medication or giving the wrong dosage to the patient. These mistakes are usually preventable. In the event of an incident the situation, malpractice lawyers a pharmacist, a hospital or other health care provider could be held responsible for the injuries caused by an individual who took the wrong dosage of a drug.

A doctor can prescribe the wrong medication because of a misdiagnosis or by simply misreading the prescription. A health care professional may also administer the wrong dosage because of a glitch in communication. For example the nurse might interpret a doctor's prescription incorrectly or a pharmacist might make an error when filling the prescription. In other cases the doctor may delay in administering the correct medication to the patient, which could result in their condition worsening.

A plaintiff must prove in order to prevail on a malpractice lawsuit that the medical professional violated their standard of practice and that their injuries were directly caused by the negligence. This requires the testimony of a medical expert. A medical malpractice attorney case also must establish the extent and damages of the victim's injuries. This includes the cost of treatment as well as any lost wage. Generally, the greater a loss is in the greater value of the claim will be.

Unskillful Procedure

This type of incident is not unusual. It may seem impossible for medical professionals to perform the wrong procedure on patients however, it is a reality. A surgeon who commits this error could be held liable for negligence. A patient who is injured because of an error in surgery could be held accountable for any error that occurred during the procedure.

A health care professional accused of negligence must prove that a patient was injured by a specific act, or failure to act. To establish this the legal team representing the patient must demonstrate that: (1) the doctor was bound by an obligation to provide treatment or treatment; (2) that the doctor did not fulfill this duty; (3) that there is a direct and causal connection between the breach and the injury; and (4) that the injury causes damages which the legal system has the power to be able to address.

A breach of the duty of care is meaningless unless it causes injury, which is why medical malpractice claims are usually built on a legal concept known as "res ipsa loquitur." This law says that, in a majority of cases certain injuries are so evident and obvious that they can only be explained by negligent actions.

Based on the circumstances depending on the facts, the plaintiff (the person who filed the claim, or their legal representative) or their attorney may decide to file the case in federal or state court. The majority of malpractice cases are filed in state courts, however in certain situations the medical negligence lawsuit could be filed with a federal district court.

Wrong Surgery

The wrong-site surgery isn't common but it can be considered medical malpractice in the event that the procedure is carried out in the wrong place on your body. This type of mistake is often caused by miscommunications between members of the surgical team or pressures on production that result in the surgeon performing several surgeries to perform at the same time. In these cases, the surgeon is not alone in his or her responsibility for a surgical error that is not performed correctly because there is a legal principle called "res ipsa loquitur" which means that the result of the error speaks for itself and cannot be attributed to negligence.

If a patient gets injured by wrong-site surgery the patient may require additional procedures to fix issues that were caused by the surgical error. Patients and their families are left with high medical bills. These costs should be considered when calculating the financial impact of medical malpractice lawsuits.

Most often surgeons are held accountable for surgical errors. They are responsible to prepare the patient for the procedure, as well as checking the chart and medical records of the patient, communicating with the rest of the medical staff, and making sure that the incision was made at the correct location. In some instances, a hospital or anesthesiologist may be held accountable. Medical malpractice Lawyers claims are generally filed in state court but can be transferred under certain circumstances to federal court.