Common Causes of Malpractice Litigation

The process of bringing a malpractice lawsuit is a complex procedure. If an error constitutes malpractice depends on whether the patient is able to establish four legal elements which include professional duty; breach of this duty; injury caused by the breach and damages that can be quantifiable.

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

Undiagnosed or Incorrectly Diagnosed

Failure to identify an injury or illness accurately can lead to serious complications, or death. Many medical malpractice cases involve mistaken diagnosis. To prove negligence, the patient or their attorney must prove that a competent doctor under similar circumstances and working in the same field would not have missed the diagnosis.

Not every misdiagnosis is negligence, but. Even highly experienced and trained doctors make mistakes. Therefore, a claim for malpractice must be backed by other elements such as breach, proximate cause or actual injury. If a doctor does not sterilize his equipment prior to giving anesthesia and the patient develops an infection because of this, the doctor might be found to be negligent.

Lawsuits alleging malpractice are typically filed in state trial courts where the alleged error occurred. Federal courts could be able to handle the case in certain circumstances. For instance, a lawsuit may be brought in federal court if it is a dispute over a statute of limitations or when there is a substantial difference in citizenship among the parties involved in the case. Certain claims are settled through arbitration that is binding and voluntary. This is a less-formal process which involves professionals who make the decisions. It is designed to minimize costs, speed up legal process, and reduce the risks associated with generous juries. However, arbitration isn't available for all malpractice claims.

The wrong dosage of medication

Medication errors--also called medication mistakes--are among the most common causes of medical malpractice lawyers lawsuits. They can involve a physician prescribing the wrong medication or delivering the wrong dose to a patient. These mistakes are usually preventable. In the event of an incident the situation, a pharmacist, a hospital or other health care providers could be held accountable for the harm caused by a patient who received the wrong dose of a drug.

A doctor may prescribe the wrong medication because of a misdiagnosis, or simply misreading the prescription. A health care provider can also give the wrong dosage because of a glitch in communication. For example the nurse might take a doctor's prescription and read it incorrectly or a pharmacist could fail to fill the prescription. In other instances the doctor lawsuit could delay delivering the correct medication, which can lead to the patient's condition worsening.

To be successful in a malpractice lawsuit, a victim must show that the medical professional acted in breach of their standards of care and that their negligence directly led to their injuries. This requires medical expert testimony. A medical malpractice claim also must establish the extent and damages of the victim's injuries. This includes the cost of treatment for a patient and any wages lost. The more money you lose the greater the value of the claim.

Wrong Procedure

This kind of incident is not uncommon. It may seem like a challenge for medical professionals to carry out the wrong procedure on patients, however, it is a reality. The surgeon who commits this error may be held responsible for malpractice. However the patient who is injured due to a surgical error can also be held accountable for any negligence that occurred the process.

Any health professional who is accused of misconduct must show that the patient was hurt by a specific action or omission to act. To prove this the legal team representing the patient must demonstrate: (1) that the doctor was required to provide care or treat the patient; (2) that he failed to fulfill his obligation; (3) that a causal link exists between the negligence and injury and (4) the injury causes damages that the legal system can address.

A breach of the duty of care is not relevant unless it causes injury, which is why medical malpractice lawsuits are generally made based on a law called "res ipsa loquitur." This law says that, in many instances certain injuries are obvious and unmistakable that they cannot be explained except by negligence.

Depending on the facts, the plaintiff (the person who filed the claim, or their legal representative) or their attorney may decide to file a lawsuit in state or federal court. Most malpractice law firms cases are filed in state court. However, under certain circumstances, a medical malpractice lawsuit could be filed in federal district court.

Wrong Surgery

The wrong-site procedure is rare but it could be considered medical malpractice when the procedure is done in the wrong location of your body. This type of error is usually due to miscommunication between the members of a surgical team or production pressure that results in an individual surgeon being assigned multiple surgeries at the same time. In these situations, the surgeon is not the only one with responsibility for an incorrect-site procedure due to a legal principle called "res ipsa loquitur" which means that the consequence of the error speaks for itself and can only be attributed to negligence.

When a patient is injured by wrong-site surgery, he or she may require additional procedures to fix problems that are aggravated by the surgical mistake. This can result in high medical bills for patients and their families. It is crucial to keep these costs in mind when calculating the financial burden of medical malpractice lawsuits.

Surgeons are most often found to be responsible for surgical mistakes since they are the ones who are responsible for properly making preparations for the operation, double-checking the patient's chart and medical records, coordinating effectively with other members of the medical team and making sure that the incision is made on the correct site. In some instances, a hospital or anesthesiologist could also be held accountable. Medical malpractice lawsuits are usually filed in state courts, but in certain situations they may be transferred to federal courts.