Common Causes of Malpractice Litigation

Malpractice litigation is a tense process. If a person can prove four elements, it will be able to determine whether or not the mistake is malpractice. These are professional obligation in breach of this duty; a loss resulting from the breach; and measurable damage.

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

The wrong diagnosis or the inability to diagnose

Failure to correctly diagnose an injury or illness correctly can result in serious complications, or even death. Many medical malpractice cases result from misdiagnosis. To prove negligence, a person or their lawyer must show that a skilled doctor in similar circumstances would not have misdiagnosed the condition.

A misdiagnosis is not always malpractice. Even highly skilled and experienced doctors are not immune to mistakes. Therefore, a claim of malpractice must be supported with other elements like breach, proximate causes and actual injury. For example when a doctor does not properly clean their equipment prior the time they administer anesthesia and the patient develops an infection due to the infection the doctor may be guilty of malpractice.

The majority of lawsuits involving malpractice are filed in state trial courts where the alleged error occurred. However, federal courts might have jurisdiction under limited circumstances. For instance, a case may be brought in federal court in the event of a dispute over a statute of limitations or when there is a substantial difference in citizenship among those involved in the dispute. Some claims are settled by binding voluntary arbitration. This is a less formal process involving professional decision makers that is intended to save costs, speed up legal proceedings, and eliminate the risk of overly generous juries. Arbitration is not accessible in all cases of misconduct.

The wrong dosage of medication

Medication errors, also referred as medication mistakes, are one of the main causes of medical malpractice lawsuits. These errors can be caused by a physician submitting a prescription in the wrong format, or giving the patient the wrong dosage. These mistakes are often avoidable. In the event of an incident an individual pharmacy, hospital or other health care providers could be held responsible for the injuries resulting from a patient who was given the wrong dose of a drug.

A doctor could prescribe the wrong medication as a result of a misdiagnosis or simply not understanding the prescription correctly. A health care professional could also prescribe the wrong dose due to an issue with communication for instance, when a nurse reads a doctor's handwritten script incorrectly or the pharmacist makes a mistake in filling the prescription. In other instances the doctor may delay giving the correct medication, which can lead to the patient's condition getting worse.

A victim must prove, for the sake of winning a malpractice lawsuit, that the medical professional violated their professional standards and that their injuries were directly caused by the negligence. This requires medical experts to testify. Medical malpractice lawyers cases also must prove the extent and malpractice severity of the victim's injuries. This includes the cost of treatment for the victim as well as any wages lost. The greater the loss, the higher the value of the claim.

The wrong procedure

This type of incident is not uncommon. It might seem impossible for medical professionals to perform the wrong procedure on patients, however, it is a reality. A surgeon who makes the mistake could be held liable for negligence. If a patient is injured as a result of a surgical error may be held responsible for any negligence that occurred during the procedure.

A health professional accused of negligence must prove that the patient was injured due to a specific act, or failure to take action. To prove this, the legal team of the patient must show: (1) that the doctor was required to care for or treat the patient; (2) that he did not fulfill that duty; (3) that a causal link exists between the breach and the injury and (4) the harm results in damages that which the legal system may address.

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

Based on the facts of the case, the plaintiff (the patient or their legally appointed representative) or their attorney may present the claim to state or federal court. The majority of malpractice cases are filed in state courts, but in certain circumstances, a medical negligence lawsuit may be filed in federal district court.

Wrong Surgery

A wrong-site procedure is a rare error, but it can be considered medical malpractice if the procedure is carried out on the wrong portion of the body. This type of mistake is usually caused by miscommunications between members of the surgical team, or due to pressures on production that result in the surgeon performing several surgeries to perform at the same time. In these situations, a surgeon is not solely responsible for a wrong-site procedure due to a legal principle known as "res ipsa locquitur" which says that the outcome speaks for itself and cannot be blamed on negligence.

If an individual is injured in an operation that was performed on the wrong site the patient may require additional procedures in order to correct issues that were caused by the mistake. This can result in high medical expenses for patients and their families. These costs should be considered when calculating the financial impact of medical malpractice attorney lawsuits.

Surgeons are often held liable for surgical errors since they are the ones who are responsible for properly making preparations for the operation as well as double-checking the patient's charts and medical records, coordinating effectively with the other members of the medical team, and making sure the incision is made on the correct site. However, in some cases a hospital or anesthesiologist may also be liable. Medical malpractice claims are generally filed in state courts, but may be transferred in certain circumstances to federal court.