Common Causes of Malpractice Litigation

Malpractice litigation involves a complex process. Whether or not an error is malpractice based on the ability of the patient to establish four legal elements such as a professional duty; breach of this duty; injury resulting from the breach; and the possibility of quantifiable damages.

Plaintiffs must prove these elements through evidence such as expert testimony, depositions, and discovery.

Incorrect diagnosis and inability to diagnose

Failure to identify an injury or illness accurately can result in serious complications, or death. Many medical malpractice cases involve incorrect diagnosis. To prove negligence, a person or their lawyer must demonstrate that a qualified doctor in similar circumstances would not have misdiagnosed a problem.

There are many misdiagnosis that could be considered an error, but. Even highly-trained and experienced doctors make mistakes. Therefore, a claim of malpractice has to be supported with other elements like breach, proximate cause or actual injury. If a doctor fails to sterilize his equipment prior the time he administers anesthesia, and the patient is infected because of this, the doctor may be found to be negligent.

Lawsuits that claim malpractice are usually filed in state trial courts, where the alleged error occurred. Federal courts may, however, have jurisdiction in certain circumstances. A case may be brought before a federal court in certain circumstances. For instance, it may involve disputes over the statute of limitations or when the parties are of different citizenships. Certain claims are settled through arbitral arbitration, which is a binding process. This is a less formal process which involves professional decision makers and is intended to save costs, expedite legal proceedings and reduce the possibility of excessively generous juries. Arbitration is not always available in cases of malpractice.

Dosage of a drug that is incorrect

Medication errors, also referred as medication errors are among the most common causes of medical malpractice suits. These errors can be caused by a doctor writing a prescription in the wrong format, or giving the patient the incorrect dosage. These errors are often preventable. Based on the circumstances the situation, a pharmacist, a hospital or other health care providers could be held responsible for injuries caused by a patient who received the wrong dosage of a drug.

A doctor could prescribe incorrect medication to a patient because of an incorrect diagnosis or simply because they misread the prescription. A health care provider can also administer the wrong dosage due to a failure in communication. For instance nurses might not read a doctor's prescription correctly or a pharmacist might make a mistake when filling the prescription. In other instances, the physician may delay the proper medication, which can cause the patient's illness to getting worse.

To prevail in a malpractice lawsuit, a victim must demonstrate 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 provide evidence. Medical malpractice cases also must prove the extent and damages of the victim's injuries. This includes the cost of treatment for the victim as well as any wages lost. The more money you lose is, the more valuable of the claim.

Incorrect Procedure

It might seem unlikely that medical professionals could perform the wrong procedure on a patient, but this type of mishap is quite common. A surgeon who commits this error could be held accountable for negligence. However, a patient who is injured due to a surgical error may also be held liable for any negligence that occurred on the process.

A health care professional accused of malpractice must demonstrate that the patient was injured due to the specific act or inability to perform the act. To establish this, the legal team representing the patient must demonstrate: (1) that the doctor was required to provide treatment or care to the patient; (2) that he breached that duty; (3) that a causal connection exists between the breach and injury; and (4) the injury causes 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 medical malpractice cases are usually founded on the legal doctrine "res ipsa locquitur" which says that certain injuries are so obvious they can only be explained by negligence.

Depending on the facts depending on the facts, the plaintiff (the person who filed the claim or their legal representative) or their lawyer can choose to file in either state or federal court. The majority of malpractice cases are filed with state courts, however in certain situations the medical negligence lawsuit can be filed in federal district court.

Wrong Surgery

The wrong-site procedure is rare but it could be considered medical malpractice if the procedure is performed in the wrong area of your body. This type of mistake is usually the result of miscommunications between members of the surgical team or production pressures that lead to a surgeon having multiple surgeries at once. In these instances the surgeon isn't the only one with responsibility for an incorrect-site procedure due to the legal principle known as "res ipsa loquitur" which means that the result of the error speaks for itself and can only be attributed to negligence.

If a patient is injured due to surgery performed on the wrong site it is possible that he or she will require additional procedures to fix problems that are aggravated by the mistake. Patients and their families are left with costly medical bills. These expenses must be taken into consideration when calculating the financial consequences of medical malpractice lawsuits claims.

Most often surgeons are liable for surgical errors. They are responsible in preparing the patient prior to the procedure, as well as checking the chart and medical records of the patient, communicating with the medical team, and ensuring that the incision was made at the right place. In some cases an anesthesiologist or hospital may also be held responsible. Medical malpractice law firms claims are usually filed in state courts. However, in certain situations they may be transferred to federal courts.