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Common Causes of Malpractice Litigation

Malpractice litigation involves a complex procedure. If a patient is able to prove four elements, it will decide whether or not the mistake is a case of malpractice. These are professional obligations; a breach of that duty; an injury resulting from the breach; and quantifiable damages.

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

Incorrect diagnosis or failure to diagnose

The failure of a physician to accurately diagnose an illness or injury could lead to serious complications or even death. A large number of medical malpractice cases involve mistakes in diagnosis. To prove negligence the patient or their attorney must prove that a competent doctor under similar circumstances and in the same specialty would not have missed the diagnosis.

A misdiagnosis is not always malpractice. Even experienced and highly trained doctors make mistakes. Therefore, any claim for malpractice must be backed up by other elements such as breach, proximate reason and actual injury. For instance the case where a physician fails to properly sterilize their equipment before administering anesthesia, and the patient develops an infection in the process, the doctor could be found to be negligent.

In most cases, lawsuits that allege malpractice will be filed in the state trial court in which the alleged misconduct occurred. Federal courts can however have jurisdiction in certain circumstances. A case may be brought before a federal court under certain circumstances. For example it could involve the issue of a statute of limitation or in the event that the parties have different citizenships. Some claims can be settled through voluntary binding arbitration. This is a non-formal procedure that is governed by professional decision makers. It is designed to lower costs, speed up legal process, and reduce the risks associated with large juries. However, arbitration is not available for all claims of malpractice.

Dosage of a drug that is incorrect

Medication mistakes, also referred to as medication errors, are one of the main 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 incorrect dosage. These mistakes are usually preventable. According to the circumstances an individual pharmacy, hospital or other health care providers could be held responsible for the injuries caused by an individual who took the wrong dosage of a medication.

A doctor could prescribe the incorrect medication to a patient because of an incorrect diagnosis or simply because they misread the prescription. A health professional could also prescribe the wrong dosage due to a failure in communication. For instance the nurse might read a doctor's script incorrectly or a pharmacist could have a mistake while filling the prescription. In other cases the doctor might delay delivering the correct medication, which can cause the patient's illness to worsening.

To prevail in a malpractice lawsuit, a victim must demonstrate that the medical professional did not meet their standard of care, and that the negligence directly contributed to the injuries. This requires the testimony of a medical expert. Furthermore, a medical negligence case must demonstrate the extent of a victim's injuries and the damages they suffered as a result of the negligence. This includes the costs of treatment as well as any wages lost. The greater the loss, the higher the value of the claim.

Unskillful Procedure

It's not likely that medical professionals would carry out the wrong procedure on a patient, but this type of mishap can occur. The surgeon who makes the mistake could be held liable for negligence. However patients who are injured as a result of a surgical error could also be held accountable for any negligence that occurred during the path to the procedure.

Any health professional who is accused of misconduct must show that the patient was hurt due to a specific act or inaction. To prove this the legal team of 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 breach and the injury; and (4) the injury causes damages that the legal system can deal with.

A breach of duty of care is no meaning unless it results in injury. This is why medical malpractice attorneys cases are often built on the legal principle "res ipsa locquitur," which states that certain injuries are so obvious that they can only be explained through negligence.

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

Wrong Surgery

Surgery performed on the wrong site is a very rare error, but it can be considered medical malpractice if the procedure is performed on the wrong area of the body. This type of mistake is often caused by miscommunications between members of the surgical team, or by pressures in the production process that result in a surgeon having multiple surgeries scheduled at the same time. In these cases the surgeon is not solely responsible for an incorrect-site operation because of a legal rule known as "res ipsa locquitur" which says that the outcome is a matter of fact and cannot be attributed to negligence.

If someone is injured during an incorrect procedure the patient may require additional procedures in order to correct problems that were exacerbated by the mistake. Patients and their families are left with high medical bills. This expense should be taken into consideration when calculating the financial consequences of medical malpractice claims.

The majority of times surgeons are accountable for surgical errors. They are accountable in preparing the patient for the procedure, as well as checking the chart and medical records of the patient, communicating with the rest of the medical personnel, and ensuring that the incision was placed in the correct place. In some instances hospitals or anesthesiologists may also be held responsible. Medical malpractice cases are typically filed in state courts, however, under certain circumstances they may be transferred to federal courts.