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Common Causes of Malpractice Litigation

The process of bringing a malpractice lawsuit is a complex procedure. The degree to which an error is malpractice based on whether the patient is able to prove four legal elements such as a professional duty and breach of this duty; harm due to the breach and damages that can be quantifiable.

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

The wrong diagnosis or the inability to diagnose

Failure to identify an injury or illness accurately can result in serious complications, or even death. It is a typical cause of medical negligence. To prove negligence, the patient or their lawyer must demonstrate that a competent doctor in similar circumstances and working in the same specialty would not have misdiagnosed the condition.

Every misdiagnosis can be considered to be negligence, but. Even highly trained and experienced doctors make mistakes, so the claim of malpractice must be supported by other factors like breach, proximate causation, and actual injury. If a doctor fails to sterilize his equipment prior to giving anesthesia, and the patient develops an infection due to this, he could be guilty.

Lawsuits alleging malpractice are typically filed in state trial courts where the alleged misconduct occurred. Federal courts could be able to hear cases in certain circumstances. For instance, a lawsuit could be filed in federal court if it involves disputes over the time limit or in the event of a significant difference in citizenship among those involved in the dispute. Some claims are settled by binding arbitration. This is a less formal process that involves professionals who make the decisions. It is intended to save costs, expedite legal proceedings, and eliminate the possibility of excessively generous juries. However, arbitration is not available for all malpractice claims.

Wrong Drug Dosage

Medication errors--also called medication mistakes--are one of the main causes of medical malpractice lawsuits. They can be caused by a physician writing a prescription incorrectly or administering the wrong dosage to patients. These errors are typically preventable. In certain circumstances the hospital staff member, a pharmacist or other health care providers could be held accountable for the injuries of the patient who received the wrong drug dosage.

A doctor could prescribe the wrong medication because of a misdiagnosis or by simply not understanding the prescription correctly. A health professional may also administer the wrong dosage because of a breakdown in communication, such as when a nurse reads the doctor's handwritten prescription incorrectly or the pharmacist makes a mistake in filling the prescription. In other instances, the physician may delay the administration of the correct medication, which can lead to the patient's condition getting worse.

In order 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 the negligence directly contributed to their injuries. This requires medical experts to testify. In addition, a medical mishap case must demonstrate the extent of a victim's injuries and the damages they sustained because of the negligence. This includes the cost of treatment and any lost wage. The more the loss is, the more valuable of the claim.

Incorrect Procedure

It might seem absurd for medical professionals to perform the wrong procedure on a patient but this type of mishap occurs. A surgeon who commits this error can be found responsible for malpractice attorney. A patient who is injured because of a surgical error may be held liable for any negligence that occurred during the procedure.

Any health care professional who is accused of misconduct must prove that the patient was hurt through a specific act or omission to act. To establish this, the legal team of the patient must show: (1) that the doctor was required to provide care or treat 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 results in damages the legal system could address.

A breach of the duty of care is meaningless unless it causes injury this is why medical malpractice lawsuits are generally made based on a law known as "res ipsa loquitur." This law says that, in a majority of cases certain injuries are so evident and obvious that they can only be explained through negligence.

Depending on the circumstances of the case, the plaintiff (the patient or their legally designated representative) or their lawyer may file the claim in federal or state court. Most malpractice cases are filed in state court, however under limited circumstances, a medical malpractice lawsuit can be filed in federal district court.

Wrong Surgery

Wrong-site surgery is a rare mistake, but it could be considered medical malpractice when the procedure is performed on the wrong side of the body. This type of error is usually the result of miscommunication between the members of a surgical team, or production pressure that results in the surgeon being assigned multiple surgeries at once. In these situations the surgeon isn't solely responsible for his or her liability for a wrong-site surgery because there is an underlying legal principle referred to as "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 as a result of surgery done on the wrong location it is possible that he or she will require additional procedures to correct problems caused due to the surgical error. This leads to costly medical expenses for the patient and their families. It is essential to consider these costs when calculating the financial cost of medical malpractice attorneys lawsuits.

Surgeons are usually accountable for surgical errors since they are the ones who are responsible for properly making preparations for the operation and double-checking the patient's medical chart and medical records, communicating effectively with the other members of the medical team and making sure that the incision is placed at the right place. In some instances, a hospital or anesthesiologist may also be held responsible. Medical malpractice lawsuits are usually filed in state courts, however, under certain circumstances they may be transferred to federal courts.