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Common Causes of Malpractice Litigation

Malpractice litigation involves a complex process. If an error is considered to be malpractice is dependent on whether the patient is able to establish four legal elements that include a professional obligation; breach of this duty; injury resulted from the breach and quantifiable damages.

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

The wrong diagnosis or the inability to diagnose

The failure of a physician to correctly diagnose an illness or injury can result in grave 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 physician under similar circumstances and working in the same area would not have missed the diagnosis.

Misdiagnosis doesn't always mean negligence. Even highly skilled and experienced doctors make mistakes, therefore an allegation of malpractice needs to be backed by other elements such as breach, proximate causation and actual injury. For instance If a doctor does not take the time to sterilize their equipment before administering anesthesia to a patient and they develop an infection because of it the doctor may be liable for malpractice (moodle-wiki-Thr.tu-Ilmenau.de).

In the majority of cases, lawsuits alleging malpractice will be filed in the state trial court where the alleged error occurred. However, federal courts may have jurisdiction in certain situations. A case may be brought before a federal court in specific circumstances. For example it could be an issue regarding a statute of limitation or when the parties are of different citizenships. Additionally, some cases are settled through voluntary binding arbitration. This is a less formal process that involves professional decision makers. It is designed to minimize costs, expedite the legal proceedings, and eliminate the risks associated with generous juries. However, arbitration is not accessible for all claims of malpractice.

Wrong Drug Dosage

Medication errors--also called medication mistakes--are one of the most common causes of medical malpractice lawsuits. These errors could be caused by a physician who writes a prescription in the wrong format, or giving the patient the incorrect dosage. These mistakes are usually avoidable. In the event of an incident, a pharmacy, a hospital or other health care providers could be held responsible for injuries caused by a patient who received the wrong dosage of a drug.

A doctor could prescribe the wrong medication to a patient as a result of an incorrect diagnosis or simply by misreading the prescription. A health care provider can also administer the incorrect dosage because of a glitch in communication. For instance the nurse might interpret a doctor's prescription incorrectly or a pharmacist may make an error when filling the prescription. In other instances the doctor may delay delivering the correct medication, which could cause the patient's illness to getting worse.

A person seeking compensation must prove, to be successful in a malpractice lawsuit that the medical professional violated their standards of practice and that their injuries were directly caused by the negligence. This requires the testimony of a medical expert. Additionally, a medical malpractice claim must establish the extent of the victim's injuries as well as the damage they sustained as a result of the negligence. This includes the cost of treatment and any lost wages. The more loss you suffer of the claim, the greater the value of the claim.

The wrong procedure

It may seem impossible for medical professionals to perform the incorrect procedure on a patient, however, this kind of thing can occur. A surgeon who commits this mistake could be held responsible for malpractice. However, a patient who is injured due to a surgical error can also be held accountable for any negligence that occurred the path to the procedure.

A medical professional accused of malpractice must prove that the patient was injured as a result of the specific act or failure to act. To prove this the legal team of the patient must demonstrate that: (1) the doctor had an obligation to provide treatment or treatment; (2) that the doctor breached the duty of care; (3) that there is a direct causal connection between the breach and the injury and (4) that the injury results in damages that the legal system can resolve.

A breach of the duty of care is meaningless unless it causes injury which is the reason medical malpractice lawyers lawsuits are generally based on a legal doctrine known as "res ipsa loquitur." This law says that, in many instances certain injuries are so obvious and unmistakable that they cannot be explained except by negligent acts.

Depending on the facts of the case, the plaintiff (the patient or their legally appointed representative) or their attorney can file the claim in federal or state court. The majority of malpractice cases are filed in state courts, however under limited circumstances, a medical malpractice lawsuit can be filed in federal district court.

Wrong Surgery

The wrong-site surgery isn't common but it can be considered medical malpractice when the procedure is performed in the wrong location of your body. This kind of error is usually the result of miscommunication between members of a surgical team, or production pressure that leads to the surgeon being assigned multiple surgeries at one time. In these cases, a surgeon is not solely responsible for a wrong-site operation due to the legal principle of "res ipsa locquitur" which states that the result 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 the patient may require additional procedures to repair problems exacerbated by the surgical error. Patients and their families are left with expensive medical bills. This expense should be taken into consideration when calculating the financial consequences of medical malpractice claims.

The majority of times, surgeons are held responsible for surgical mistakes. They are responsible in preparing the patient for malpractice the procedure, checking the medical records and charts of the patient, communicating with the medical staff, and ensuring that the incision was placed at the correct location. However, in certain instances hospitals or anesthesiologists may also be accountable. Medical malpractice cases are usually filed in state court but they may be transferred under certain circumstances to federal court.