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Common Causes of Malpractice Litigation

Malpractice litigation involves a complex process. If a patient is able to prove four elements, it will be able to determine whether or not the mistake is a case of malpractice. These are professional obligation in breach of this duty; a loss resulting from the breach; and quantifiable damage.

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

Undiagnosed or Incorrectly Diagnosed

The inability of a doctor to diagnose an illness or injury could result in grave complications, or even death. Incorrect diagnosis is a common cause of medical negligence. To show negligence, the patient or their lawyer needs to prove that a skilled doctor in similar circumstances would not have misdiagnosed a condition.

It is not always a case of malpractice, however. Even experienced and highly trained doctors make mistakes. Therefore, a claim of malpractice must be backed by other factors like breach, proximate cause or actual injury. For instance, if a physician fails to properly clean their equipment prior the time they administer anesthesia and the patient suffers an infection because of it the doctor could be guilty of malpractice.

The majority of lawsuits involving malpractice are filed in state trial courts, where the alleged malpractice took place. However, federal courts could be able to hear cases in specific circumstances. For instance, a case may be brought in federal court if it involves the interpretation of a statute of limitations or if there is a substantial variation in the citizenship of the parties to the case. Additionally, some cases are settled through voluntary binding arbitration. This is a less formal process that involves professionals who make the decisions. It is intended to cut costs, expedite legal proceedings and reduce the risk of overly generous juries. However, arbitration isn't accessible for all malpractice claims.

Dosage of a drug that is incorrect

Medication errors are among the most common causes of medical malpractice lawsuits. These errors are caused by a doctor who has submitted prescriptions in the wrong format or giving the patient the incorrect dosage. These errors are usually preventable. Based on the circumstances the situation, a pharmacist, a hospital or other health care provider could be held accountable for the injuries caused by patients who were given the wrong dosage of a drug.

A doctor might prescribe the wrong medication to a patient as a result of an inaccurate diagnosis or simply by misreading the prescription. A health professional can also give the wrong dosage due to a failure in communication. For instance the nurse might take a doctor's prescription and read it incorrectly or a pharmacist may fail to fill the prescription. In other instances, a physician might delay in administering the correct medication to the patient, resulting in their condition deteriorating.

A person who suffers from a medical malpractice claim must prove, in order to win a malpractice (Going Here) claim, that the medical professional violated their professional standards and that their injuries were directly caused by the negligence. This requires testimony from a medical expert. A medical malpractice claim also must prove the severity and damages of the victim's injuries. This includes the cost of treatment for the victim as well as any lost wages. The greater the loss, the higher the value of the claim.

Incorrect Procedure

It might seem unlikely that medical professionals could perform the wrong procedure on a patient but this type of mishap occurs. A surgeon who commits this kind of error could be held to be liable for malpractice. If a patient is injured due to an error during surgery can be held liable for any mistakes that were made during the procedure.

A health professional accused of negligence must prove that a patient was injured by a specific act, or failure to perform the act. To establish this the legal team representing the patient has to prove: (1) that the doctor was legally obligated to provide treatment or care to the patient; (2) that he did not fulfill that duty; (3) that a causal link exists between the negligence and injury and (4) the injury causes damages that the legal system can deal with.

A breach of the duty of care is insignificant unless it causes injury this is why medical malpractice claims are typically based on a legal doctrine known as "res ipsa loquitur." This law says that, in a majority of cases certain injuries are obvious and evident that they are only explained by negligence.

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

Wrong Surgery

A wrong-site procedure is a rare error, but it can be considered medical malpractice when the procedure is performed on the wrong part of the body. This type of error is usually caused by miscommunications between members of the surgical team or production pressures that result in surgeons having multiple surgeries scheduled at the same time. In these situations the surgeon is not solely accountable for a mistaken-site procedure because of the legal principle of "res ipsa locquitur" which says that the outcome is a matter of fact and cannot be attributed to negligence.

If an individual is injured in a wrong-site procedure it is possible that the patient will require additional procedures in order to correct issues that were caused by the mistake. Patients and their families are left with costly medical bills. This expense should be taken into consideration when calculating the financial impact of medical malpractice lawsuits.

Surgeons are usually found to be responsible for surgical mistakes since they are the ones who are responsible for prepping for the operation, double-checking the patient's chart and medical records, coordinating effectively with other members of the medical team, and making sure that the incision has been done at the correct place. In some instances the hospital or anesthesiologist could also be held accountable. Medical malpractice claims are typically filed in state courts, but may be transferred in certain circumstances to federal court.