Common Causes of Malpractice Litigation

Malpractice litigation is a tense procedure. If a patient can demonstrate four elements, it will be able to determine whether or not the error is malpractice. These are: a professional obligation; a breach of that duty; an injury resulting from the breach; and measurable damage.

Plaintiffs must prove these elements by presenting evidence such as expert testimony, depositions, or discovery.

Misdiagnosis and Failure to Diagnose

The failure of a physician to accurately diagnose a disease or injury can result in grave complications, or even death. The misdiagnosis of a patient is a frequent reason for medical malpractice. To show negligence, the patient or their lawyer must demonstrate that an experienced doctor in similar circumstances would not have misdiagnosed an illness.

The misdiagnosis of a patient does not always mean malpractice. Even experienced and highly trained doctors can make mistakes. Therefore, any claim of malpractice must be backed by other elements, such as breach, proximate cause or actual injury. For instance, if a physician is not careful to sterilize their equipment prior to giving anesthesia and the patient suffers an infection in the process the doctor could be found to be negligent.

Lawsuits alleging malpractice are typically filed in state trial courts where the alleged malpractice lawyers occurred. Federal courts could however have jurisdiction in certain instances. For instance, a claim may be brought in federal court if it is an issue regarding the statute of limitations or when there is a significant diversity of citizenship of those involved in the dispute. In other cases, certain claims are settled through voluntary binding arbitration. This is a less formal procedure that involves professionals who make the decisions. It is intended to cut costs, expedite legal proceedings and reduce the possibility of excessively generous juries. Arbitration is not always available in cases of misconduct.

Dosage of a drug that is incorrect

Medication errors, also known as medication mistakes, are one of the most frequent causes of medical malpractice lawsuits. These errors could be caused by a doctor writing a prescription in the wrong format, or giving the patient the wrong dosage. These errors are typically preventable. According to the circumstances the hospital or its staff, pharmacist or other health care professionals may be held liable for the injuries of patients who were given the wrong dose of 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 care professional could also prescribe the wrong dosage because of a breakdown in communication for instance, when nurses read the handwritten prescription of a doctor incorrectly or the pharmacist commits an error in filling out the prescription. In other instances the doctor could delay giving the correct medication, which can lead to the patient's condition worsening.

To prevail 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 caused the injuries. This requires medical expert testimony. Medical malpractice cases also must prove the severity and the damages caused by the victim's injuries. This includes the cost of treatment and any wage loss. The more loss you suffer the greater the value of the claim.

Incorrect Procedure

This type of incident is not unusual. It might seem unattainable for medical professionals to carry out the incorrect procedure on patients but it does happen. The surgeon who commits this kind of error could be held liable for negligence. However patients who are injured by a surgical mistake may also be held liable for any negligence that occurred the process.

A health professional accused of malpractice has to prove that a patient was injured by an action or failure to act. To establish this, the legal team representing the patient must prove: (1) that the doctor was required to provide treatment or care to the patient; (2) that he failed to fulfill his obligation; (3) that a causal link exists between the breach and injury and (4) the injury results in damages the legal system can deal with.

A breach of duty of care is no meaning unless it result in injury. This is the reason why medical malpractice cases are typically dependent on the lawful doctrine "res ipsa locquitur," which states that certain injuries are so obvious that they can only be explained by negligence.

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

Wrong Surgery

A wrong-site procedure is a rare mistake, but it could be considered medical negligence if the procedure is performed on the wrong side of the body. This type of error is usually caused by a lack of communication between members of the surgical team, Malpractice litigation or by pressures on production that result in a surgeon having multiple surgeries at once. In these situations, a surgeon is not solely accountable for a mistaken-site procedure due to a legal rule known as "res ipsa locquitur" which states that the outcome is a matter of fact and cannot be attributed to negligence.

If a patient is injured during surgery that is performed on the wrong site it is possible that he or she will require additional treatments to correct issues that were caused by the surgical error. Patients and their families are left with high medical bills. It is essential to consider these costs when calculating the financial impact of medical malpractice lawsuits.

Surgeons are most often found to be responsible for surgical mistakes as they are the ones who are accountable for making preparations for the operation as well as double-checking the patient's charts and medical records, communicating effectively with the other members of the medical team and making sure that the incision is made on the correct site. In some instances hospitals or anesthesiologists could also be held accountable. Medical malpractice case claims are usually filed in state courts, however, under certain circumstances they may be transferred to federal court.