Common Causes of Malpractice Litigation

The process of bringing a malpractice lawsuit is a complex procedure. If a patient is able to prove four elements, it will decide whether or not the mistake is malpractice. These are professional obligations or breach of that duty; an injury resulting from the breach; and measurable damage.

Plaintiffs must also prove the elements using evidence like expert testimony and depositions.

The wrong diagnosis or the inability to diagnose

Inability to recognize an illness or injury accurately can lead to serious complications, or even death. Incorrect diagnosis is a common cause of medical negligence. To prove negligence the patient or their attorney must demonstrate that a competent doctor under similar circumstances and in the same field would not have misdiagnosed the condition.

Misdiagnosis does not always constitute negligence. Even highly skilled and experienced doctors make mistakes. Therefore, the claim of malpractice must be supported by other elements such as breach, proximate causation, and actual injury. If a doctor does not sterilize his equipment prior the time he administers anesthesia, and the patient gets infected as a result of this, the doctor could be held accountable.

In most cases, lawsuits that allege malpractice will be filed in the state trial court in which the alleged misconduct occurred. Federal courts can, however, have jurisdiction in certain instances. A claim may be filed before a federal court in specific circumstances. For example, it may involve a dispute about the statute of limitations or in the event that the parties have different nationalities. Certain disputes are settled through binding voluntary arbitration. This is a less formal process that is governed by professional decision makers. It is designed to lower costs, expedite the legal process, and reduce the risk associated with overly generous juries. Arbitration is not always available in cases of misconduct.

The wrong dosage of medication

Medication errors--also called medication mistakes--are among the most common causes of medical malpractice law firms lawsuits. They can be caused by a physician writing a prescription incorrectly or giving the wrong dosage to patients. These errors are usually avoidable. In the event of an incident an individual pharmacy, hospital or other health care providers could be held accountable for the injuries caused by an individual who took the wrong dosage of a medication.

A doctor might prescribe the incorrect medication to a patient because of an inaccurate diagnosis or simply by misreading the prescription. A health care professional could also administer the wrong dosage due to an inability to communicate like when nurses read the doctor's handwritten script in error or the pharmacist makes a mistake in filling the prescription. In other instances the doctor might delay giving the correct medication, which could cause the patient's condition to worsening.

To prevail in a malpractice lawsuit, a victim must prove that the medical professional breached their duty of care and that negligence directly caused the injuries. This requires medical experts to be present. Moreover, a medical malpractice case must prove the extent of a victim's injuries and the damages they suffered as a result of the negligence. This includes the cost of treatment as well as any lost wages. The greater the loss is, the more valuable of the claim.

Wrong Procedure

It's not likely for medical professionals to perform the wrong procedure on a patient however, this kind of thing occurs. The surgeon who commits this kind of error could be held accountable for negligence. However the patient who is injured as a result of a surgical error could also be held accountable for any negligence that occurred the path to the procedure.

A health care professional accused of malpractice must prove that the patient was injured because of an act or inability to act. To establish this the legal team representing the patient must prove that (1) the doctor was bound by a duty to provide care or treatment; (2) that the doctor did not fulfill this duty; (3) that there is a direct causal connection between the breach and the injury and (4) that the injury causes damages that the legal system can address.

A breach of the duty of care is insignificant unless it causes injury, that's why medical malpractice claims are typically based on a legal doctrine called "res ipsa loquitur." This law says that, in a lot of instances certain injuries are so obvious and evident that they can only be explained by negligent acts.

Depending on the facts of the situation, the plaintiff (the patient or their legally appointed representative) or their attorney could present the claim to federal or state court. Most malpractice cases are filed in state court, however in certain situations, a medical malpractice lawsuit may be filed in federal district court.

Wrong Surgery

The wrong-site procedure is rare but it could be considered medical malpractice when the procedure is performed in the wrong location of your body. This kind of error is usually caused by miscommunications between the surgical team, or production pressures that result in surgeons being assigned multiple surgeries at once. In these cases the surgeon isn't solely responsible for a wrong-site procedure because of the legal principle of "res ipsa locquitur" which says that the result is a matter of fact and cannot be blamed on negligence.

If a patient is injured during an improper procedure it is possible that the patient will require additional procedures to rectify problems that were aggravated by the mistake. Patients and their families are left with high medical bills. It is important to take these costs into consideration when calculating the financial impact of medical malpractice lawsuits.

The majority of times surgeons are held accountable for surgical mistakes. They are responsible in preparing the patient prior to surgery, reviewing the chart and medical records of the patient, communicating with the medical staff, and ensuring that the incision was made in the proper location. In certain instances the hospital or anesthesiologist could also be held accountable. Medical malpractice claims are generally filed in state court but they may be transferred under certain circumstances to federal court.