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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 that include a professional obligation and breach of this duty; injury resulting from the breach; and damages that can be quantifiable.

Plaintiffs must be able to prove the elements using evidence like expert testimony and depositions.

The wrong diagnosis or the inability to diagnose

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

There are many misdiagnosis that could be considered malpractice, however. Even the most skilled and trained doctors make mistakes. Therefore, an allegation of malpractice needs to be supported by other factors like breach, proximate causation, and actual injury. If a physician fails to sterilize his equipment before administering anesthesia and the patient gets infected because of this, the doctor may be found to be negligent.

Lawsuits alleging malpractice are typically filed in state trial courts where the alleged error occurred. Federal courts may, however, have jurisdiction in certain situations. For instance, a claim may be brought in federal court if it involves an issue regarding the statute of limitations or when there is a significant variety of citizenship among the parties involved in the case. Alternatively, some claims are settled through voluntary binding arbitration. This is a less-formal process that involves professional decision makers. It is designed to lower expenses, speed up the legal process, and reduce the risk that comes with large juries. Arbitration is not available in all cases of misconduct.

Wrong Drug Dosage

Medication mistakes, also referred to as medication errors, are among the most common causes of medical malpractice lawsuits. These errors can be caused by a physician who writes prescriptions in the wrong format or giving the patient the wrong dosage. These mistakes are usually preventable. According to the circumstances, a pharmacy, a hospital or other health care provider could be held responsible for the injuries caused by a patient who received the wrong dose of a drug.

A doctor could prescribe wrong medication to a patient as a result of an inaccurate diagnosis or simply due to a misreading of the prescription. A health care professional may also give the wrong dosage due to a breakdown in communication. For instance, a nurse may read a doctor's script incorrectly or a pharmacist might make a mistake when filling the prescription. In other instances the doctor might delay the proper medication, which can lead to the patient's condition getting worse.

To be successful in a malpractice lawsuit, a victim must show that the medical professional acted in breach of their standard of care, and that their negligence directly led to their injuries. This requires medical expert testimony. Moreover, a medical malpractice claim must establish the extent of the victim's injuries as well as the damages they suffered as a result of the negligence. This includes the cost of treatment and any wage loss. The greater the loss the greater the value of the claim.

Incorrect Procedure

It's not likely for medical professionals to perform the incorrect procedure on a patient, however, this type of event is quite common. If a surgeon makes this mistake could be held accountable for negligence. However patients who are injured due to a surgical error could also be held accountable for any negligence that occurred along the process.

Any health care professional who is accused of misconduct must prove that the patient was harmed by a specific act or inaction. To prove this the legal team of the patient has to prove: (1) that the doctor was required to provide treatment or care to the patient; (2) that he did not fulfill that duty; (3) that a causal connection exists between the negligence and injury and (4) the injury causes damages that which the legal system may address.

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

Based on the circumstances, the plaintiff (the person who filed the claim or their legal representative) or their lawyer could decide to file the claim in federal or state court. Most malpractice cases are filed in state court, however in certain circumstances, a medical malpractice lawsuit can be brought in federal district court.

Wrong Surgery

The wrong-site surgery is rare however, it could be a case of medical malpractice if the procedure is performed in the wrong place on your body. This type of mistake is usually caused by a lack of communication between members of the surgical team, or due to production pressures that result in surgeons having several surgeries to perform at the same time. In these situations the surgeon is not solely accountable for a mistaken-site operation due to the legal principle known as "res ipsa locquitur", which states that the outcome is a matter of fact and cannot be attributed to negligence.

When a patient is injured due to surgery performed on the wrong site the patient may require additional treatments to correct problems caused by the mistake. Patients and their families are left with high medical bills. This expense should be considered when calculating the financial impact of medical malpractice lawsuits.

The majority of times surgeons are liable for surgical errors. They are accountable in preparing the patient for the procedure, checking the chart and medical records of the patient, coordinating with the medical personnel, and ensuring that the incision was placed in the correct place. In some instances, an anesthesiologist or a hospital could also be held responsible. Medical malpractice cases are typically filed in state courts, but under certain circumstances they may be transferred to federal court.