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Common Causes of Malpractice Litigation

Malpractice litigation involves a complex procedure. The question of whether or not an error is malpractice based on whether the patient is able to prove four legal elements such as a professional duty breach of this duty; injury resulting from the breach; and damages that can be quantifiable.

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

Incorrect diagnosis and failure to diagnose

Failure to identify an injury or illness correctly can lead to serious complications, or death. The misdiagnosis of a patient is a frequent reason for medical malpractice. To show negligence, the patient or their lawyer must demonstrate that a seasoned doctor in similar circumstances would not have misdiagnosed a problem.

A misdiagnosis is not always malpractice. Even the most experienced and highly trained doctors make mistakes. Therefore, an allegation of malpractice needs to be supported by other factors such as breach, proximate causality and actual injury. For instance the case where a physician fails to properly sterilize their equipment prior to giving anesthesia and the patient develops an infection due to the infection the doctor could be guilty of malpractice.

In most cases, lawsuits alleging malpractice will be filed in the state trial court where the malpractice was alleged to have occurred. Federal courts can be able to handle the case in certain situations. A case may be brought before a federal court in specific circumstances. For example, it may involve disputes over a statute of limitation or in the event that the parties have different citizenships. Certain disputes are settled via 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 eliminate the risk of overly generous juries. Arbitration is not accessible in all cases of malpractice attorney.

Dosage for a drug that is not correct

Medication errors--also called medication mistakes--are one of the most common causes of medical malpractice lawsuits. They can be the result of a doctor prescribing a prescription in error or giving the wrong dosage to a patient. These errors are usually preventable. According to the circumstances the hospital staff member, a pharmacist or other health care professionals could be held accountable for the injuries suffered by a patient who was prescribed the wrong dosage of a drug.

A doctor may prescribe the wrong medication as a result of a misdiagnosis, or simply failing to read the prescription. A health professional could also prescribe the wrong dose due to an interruption in communication, such as when a nurse reads the handwritten prescription of a doctor incorrectly or the pharmacist commits an error in filling out the prescription. In other situations, a doctor could delay administering the correct medication to the patient, resulting in their condition becoming worse.

A person seeking compensation must prove, in order to prevail on a malpractice lawsuit, that the medical professional violated their professional standards and that their injuries were directly attributed to the negligence. This requires the testimony of a medical expert. A medical malpractice case must prove the severity and damage of the victim's injuries. This includes the cost of treatment for the victim as well as any wages lost. The more loss you suffer, the higher the value of the claim.

Wrong Procedure

It might seem unlikely that medical professionals would perform the incorrect procedure on a patient but this type of incident can occur. A surgeon who commits this error may be held responsible for negligence. A patient who is injured because of an error during surgery may be held responsible for any errors that occured during the procedure.

Any health care professional who is accused of misconduct must show that the patient was injured by a specific action or inaction. To prove this the legal team of the patient must show: (1) that the doctor was obligated to care for or treat the patient; (2) that he violated his duty; (3) that a causal link exists between the breach and injury and (4) the injury causes damages that the legal system could address.

A breach of duty of care has no value unless it results in injury. This is the reason medical malpractice cases tend to be founded on the legal doctrine "res ipsa locquitur" which states that certain injuries are so obvious that they can only be explained through negligence.

Depending on the facts of the situation, the plaintiff (the patient or their legally appointed representative) or their attorney can present the claim to federal or state court. The majority of malpractice cases are filed in state courts, but in certain situations, a medical negligence lawsuit could be filed with a federal district court.

Wrong Surgery

The wrong-site surgery is rare but it could be considered medical malpractice when the procedure is performed in the wrong place on your body. This kind of error is often caused by miscommunication between the members of a surgical team, or production pressure that leads to the surgeon being assigned multiple surgeries at one time. In these instances, a surgeon is not solely responsible for an incorrect-site procedure due to the legal principle known as "res ipsa locquitur", which states that the outcome is a matter of fact and cannot be blamed on negligence.

If the patient is injured during an incorrect procedure it is possible that the patient will require additional procedures to fix problems that were made worse due to the error. Patients and their family members are left with hefty medical bills. These expenses must be taken into consideration when calculating the financial impact of medical malpractice lawsuits.

Surgeons are most often accountable for surgical errors since they are the ones who are accountable for making preparations for the operation by double-checking patient's chart and medical records, communicating effectively with other members of the medical team and making sure that the incision is made on the correct site. However, in some instances an anesthesiologist or hospital may also be accountable. Medical malpractice cases are typically filed in state courts, however, in certain situations they may be transferred to federal court.