Common Causes of Malpractice Litigation

Malpractice litigation is a tense process. If a patient is able to prove four elements, it will determine whether or not the error is a case of malpractice. These are professional obligations in breach of this obligation; a repercussion from the breach; and measurable damages.

Plaintiffs must also prove these elements through evidence like expert testimony, depositions and discovery.

The wrong diagnosis and the inability to recognize

The failure of a physician to diagnose an illness or injury can lead to grave complications, or even death. Incorrect diagnosis is a common cause of medical negligence. To prove negligence, the patient or their attorney must show that a competent doctor under similar circumstances and in the same specialty would not have misdiagnosed the condition.

Misdiagnosis does not always constitute negligence. Even experienced and highly trained doctors can make mistakes. Therefore, any claim of malpractice must be backed by other elements, such as breach, proximate reason and actual injury. If a doctor fails sterilize his equipment prior the time he administers anesthesia, and the patient is infected because of this, the doctor may be guilty.

Lawsuits alleging malpractice are typically filed in state trial courts, where the alleged malpractice took place. Federal courts may, however, have jurisdiction in certain instances. For instance, a lawsuit could be filed in federal court if it is an issue regarding the time limit or in the event of a significant diversity of citizenship of the parties involved in the case. In other cases, certain claims are resolved through binding arbitration that is voluntary. This is a less formal procedure with professional decision makers. It is designed to cut costs, expedite legal proceedings and reduce the risk of overly generous juries. Arbitration is not always available in cases of malpractice.

Dosage of a drug that is incorrect

Medication errors--also called medication mistakes--are one of the most common causes of medical malpractice legal lawsuits. They can result from a doctor Malpractice litigation writing a prescription incorrectly or administering the wrong dosage to the patient. These errors are usually avoidable. Depending on the circumstances the hospital or Malpractice Litigation its staff, pharmacist or other health care providers may be held liable for the injuries sustained by patients who were given the wrong dosage of a drug.

A doctor might prescribe the wrong medication because of a misdiagnosis. Or, simply misreading the prescription. A health care provider may also administer the wrong dosage because of an issue with communication like when nurses read a doctor's handwritten script incorrectly or the pharmacist makes an error in filling out the prescription. In other cases the doctor may delay delivering the correct medication, which could cause the patient's condition to worsening.

To be successful in a malpractice attorneys case, a victim must establish that the medical professional acted in breach of their standard of care, and that their negligence directly led to the injuries. This requires medical experts to testify. Additionally, a medical malpractice case must establish the severity of a victim's injuries and the damages they suffered because of the negligence. This includes the cost of treatment as well as any lost wage. The greater the loss the greater the value of the claim.

Incorrect Procedure

This kind of situation is not unusual. It might seem impossible for medical professionals to perform the wrong procedure on patients however, it is a reality. A surgeon who commits this error could be held accountable for malpractice. A patient who suffers injury because of a surgical error may be held liable for any mistakes that were made during the procedure.

A health professional accused of malpractice lawsuit must demonstrate that the patient was injured because of an action or inability to act. To establish this the legal counsel of the patient must prove that: (1) the doctor had an obligation to provide care or treatment; (2) that the doctor breached this duty; (3) that there is a direct causal relationship between the breach and the injury; and (4) that the injury causes damages that the legal system is able to resolve.

A breach of duty of care is no meaning unless it results 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.

Depending on the circumstances of the situation, the plaintiff (the patient or their legally designated representative) or their attorney could file the claim in state or federal court. Most malpractice cases are filed in state court. However, under certain circumstances the medical malpractice claim lawsuit could be filed in federal district court.

Wrong Surgery

Surgery performed on the wrong site is a very rare error, but it could be considered medical negligence if the procedure is carried out on the wrong portion of the body. This type of mistake is usually caused by miscommunications between members of the surgical team, or due to production pressures that result in the surgeon performing multiple surgeries assigned at once. In these situations the surgeon isn't alone in his or her responsibility for an incorrect-site procedure since there is the legal principle known as "res ipsa loquitur" which means that the result of the error speaks for itself and can only be attributed to negligence.

If a patient is injured during an improper procedure it is possible that the patient will need additional procedures to correct problems that were exacerbated due to the error. This could result in expensive medical bills for patients and their families. It is essential to consider these costs when calculating the financial burden of medical malpractice claims.

Most often surgeons are held accountable for surgical mistakes. They are accountable to prepare the patient for the procedure, checking the medical record and chart of the patient, communicating with the medical personnel, and ensuring that the incision was placed in the proper location. In some cases an anesthesiologist or hospital could also be held accountable. Medical malpractice lawsuits are usually filed in state courts. However, under certain circumstances, they can be transferred to federal court.