Common Causes of Malpractice Litigation

Malpractice litigation is a tense procedure. If a patient can prove four factors, it will determine whether or not the error is malpractice. These are professional obligation and a breach of that duty; an injury resulting from the breach; and quantifiable damage.

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

Incorrect diagnosis and inability to diagnose

Failure to diagnose an illness or injury accurately can result in serious complications, or even death. Many medical malpractice cases result from mistaken diagnosis. To prove negligence, the patient or their lawyer must demonstrate that a competent doctor under similar circumstances and in the same field would not have misdiagnosed the condition.

Not every misdiagnosis is malpractice, however. Even experienced and highly trained doctors are not immune to mistakes. Therefore, a claim of malpractice has to be supported with other elements like breach, proximate cause or actual injury. For example when a doctor does not take the time to sterilize their equipment before administering anesthesia and the patient suffers an infection because of it, the doctor could be guilty of malpractice.

In the majority of cases, lawsuits alleging malpractice will be filed in the state trial court in which the alleged error occurred. However, federal courts could be able to hear cases in specific circumstances. For example, a claim could be filed in federal court in the event of the interpretation of the time limit for filing a claim or when there is a significant variation in the citizenship of the parties to the case. Some claims are settled by binding voluntary arbitration. This is a less formal procedure that involves professional decision makers. It is designed to reduce expenses, speed up the legal proceedings, and eliminate the risks associated with large juries. Arbitration is not available in all instances of misconduct.

Dosage for a drug that is not correct

Medication errors are among the most common causes of medical malpractice lawsuits. These errors can be caused by a doctor who has submitted prescriptions in the wrong format, or giving the patient the wrong dosage. These errors are usually preventable. In the event of an incident 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 dose of a drug.

A doctor might prescribe the wrong medicine because of a misdiagnosis, or simply failing to read the prescription. A health professional can also prescribe the wrong dosage due to a lapse in communication. For example nurses may interpret a doctor's prescription incorrectly or a pharmacist could have a mistake while filling the prescription. In other situations, a doctor could delay the administration of the correct medication to the patient, which could result in their condition deteriorating.

To win an action for malpractice, a victim must demonstrate that the medical professional did not meet their standards of care and that negligence directly caused their injuries. This requires medical experts to testify. A medical malpractice case also must prove the extent and damages of the victim's injuries. This includes the costs of a person's treatment and any lost wages. The more the loss of the claim, the greater the value of the claim.

The wrong procedure

This kind of incident is not unusual. It may seem like a challenge for medical professionals to perform the incorrect procedure on patients, but it does happen. If a surgeon makes this mistake could be held to be liable for negligence. Patients who are injured because of an error during surgery may be held responsible for any negligence that occurred during the procedure.

Any health care professional who is accused of misconduct must prove that the patient was harmed through a specific act or failure to act. To prove this the legal team representing the patient must demonstrate: (1) that the doctor had a responsibility to provide treatment or care to the patient; (2) that he did not fulfill that duty; (3) that a causal link exists between the negligence and injury and (4) the injuries result in damages that the legal system can address.

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

Depending on the facts of the case, the plaintiff (the patient or their legally designated representative) or their attorney could present the claim to federal or state court. Most malpractice cases are filed in state court, however under certain circumstances medical malpractice lawsuits could be filed in federal district court.

Wrong Surgery

The wrong-site procedure is rare but it could be considered medical malpractice lawsuit in the event that the procedure is carried out in the wrong part of your body. This kind of error is often due to miscommunication between members of a surgical team, or production pressure that results in the surgeon being assigned multiple surgeries at one time. In these situations, the surgeon is not alone in his or her responsibility for a surgery that was performed on the wrong site since there is an underlying legal principle referred to as "res ipsa loquitur" which means that the result of the error www.google.com speaks for itself and cannot be traced to negligence.

If a patient gets injured by wrong-site surgery it is possible that he or she will require additional procedures to correct problems that are aggravated by the surgical mistake. This could result in expensive medical expenses for patients as well as their families. This expense should be considered when calculating the financial impact of medical malpractice law firms lawsuits (resources).

Surgeons are typically held accountable for surgical errors because they are the individuals who are responsible for prepping for the operation, double-checking the 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 an anesthesiologist or a hospital could also be held responsible. Medical malpractice lawsuits are usually filed in state courts, however, in certain situations they may be transferred to federal court.