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Common Causes of Malpractice Litigation

Malpractice litigation involves a complex process. The question of whether or not an error is considered to be malpractice is dependent on the ability of the patient to establish four legal elements which include professional duty; breach of this duty; harm due to the breach and the possibility of quantifiable damages.

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

Incorrect diagnosis and inability to diagnose

The failure of a physician to diagnose an illness or injury could lead to serious complications or even death. Many medical malpractice cases result from incorrect diagnosis. To prove negligence the patient or their lawyer must demonstrate that a competent doctor under similar circumstances and in the same specialty would not have misdiagnosed the condition.

Every misdiagnosis can be considered to be an error, but. Even experienced and highly trained doctors can make errors. Therefore, any claim of malpractice must be backed by other elements such as breach, proximate cause or actual injury. If a physician fails to sterilize his equipment before administering anesthesia, and the patient becomes infected due to this, he could be found to be negligent.

In the majority of cases, lawsuits that allege malpractice will be filed in the state trial court in which the alleged malpractice took place. Federal courts could be able to handle the case in certain circumstances. A case can be brought before a federal court under certain circumstances. For example it could be the issue of the statute of limitations or when the parties are of different nationalities. In other cases, certain claims are resolved through binding arbitration that is voluntary. This is a less formal procedure which involves professional decision makers and is designed to reduce costs, speed up legal proceedings and remove the possibility of excessively generous juries. However, arbitration is not accessible for all malpractice attorneys claims.

Dosage for a drug that is not correct

Medication errors, also referred as medication errors are among the most common causes of medical malpractice suits. They can result from a doctor prescribing the wrong medication or delivering the wrong dose to the patient. These errors are typically preventable. According to the situation, a pharmacy, a hospital or other health care providers could be held accountable for the harm caused by patients who were given the wrong dose of a medication.

A doctor can prescribe the wrong medication because of a misdiagnosis or by simply not understanding the prescription correctly. A health care professional may also prescribe the wrong dosage due to a lapse in communication. For example nurses might not read a doctor's prescription correctly or a pharmacist could make an error when filling the prescription. In other situations doctors may delay the proper medication to the patient, resulting in their condition worsening.

A person who suffers from a medical malpractice claim must prove, to be successful in a malpractice claim that the medical professional breached their standards of practice and that their injuries were directly attributed to the negligence. This requires medical experts to provide evidence. Medical malpractice cases also must establish the extent and the damages caused by the victim's injuries. This includes the costs of treatment for a patient and any lost wages. Generally, the greater a loss is in the greater value of the claim will be.

Incorrect Procedure

It might seem absurd that medical professionals would carry out the incorrect procedure on a patient however, this type of event occurs. A surgeon who makes this mistake can be held accountable for negligence. A patient who is injured due to a surgical error may be held liable for any mistakes that were made during the procedure.

Any health professional who is alleged to be negligent must show that the patient was injured through a specific act or omission to act. To establish this the legal team of the patient must prove that (1) the doctor had the obligation to provide medical care or treatment; (2) that the doctor did not fulfill this duty; (3) that there is a direct causal link between the breach and the injury and (4) that the injury causes damages that the legal system could resolve.

A breach of duty of care is no significance unless it results in injury. This is why medical malpractice cases are often founded on the legal doctrine "res ipsa locquitur" which says that certain injuries are so obvious that they can be explained only by negligence.

Based on the facts of the situation, the plaintiff (the patient or their legally appointed representative) or their attorney can make the claim in a state or federal court. Most malpractice 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 surgery is a common error, but it may be considered medical malpractice when the procedure is performed on the wrong area of the body. This type of mistake is usually caused by miscommunications between members of the surgical team, or due to pressures in the production process that result in the surgeon performing multiple surgeries assigned at once. In these cases the surgeon is not solely responsible for an incorrect-site procedure because of a legal principle known as "res ipsa locquitur" which says that the result is a matter of fact and cannot be blamed on negligence.

If a patient gets injured during surgery that is performed on the wrong site the patient may require additional treatments to correct issues that were caused by the surgical mistake. This leads to costly medical expenses for the patient and their families. These expenses should be considered when calculating the financial consequences of medical malpractice claims.

Surgeons are typically held liable for surgical errors because they are the ones who are responsible for properly getting ready for the procedure and double-checking the patient's medical chart and medical records, communicating effectively with the other members of the medical team and making sure the incision is located at the correct location. In some cases hospitals or anesthesiologists may also be held responsible. Medical malpractice lawsuits are typically filed in state court however, they can be transferred under certain circumstances to federal court.