Common Causes of Malpractice Litigation

The legal process for defending malpractice is a complex procedure. If a person can prove four elements, it will decide whether or not the error is a case of malpractice. These are professional obligations and a breach of that duty; an injury resulting from the breach; and quantifiable damage.

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

Incorrect diagnosis and inability to diagnose

Inability to recognize an injury or illness accurately could lead to serious complications, or death. Many medical malpractice cases result from mistaken diagnosis. To prove negligence the patient or their attorney must prove that a competent doctor malpractice lawsuits in similar circumstances and working in the same area would not have misdiagnosed the condition.

It is not always a case of malpractice, however. Even highly skilled and experienced doctors can make errors. Therefore, a claim of malpractice must be supported with other elements, such as breach, proximate cause and actual injury. For instance when a doctor does not take the time to sterilize their equipment before administering anesthesia and the patient suffers an infection because of it the doctor could be found to be negligent.

Lawsuits alleging malpractice are typically filed in state trial courts where the alleged error occurred. However, federal courts could be able to handle cases in certain circumstances. For instance, a lawsuit may be brought in federal court if there is an issue regarding the time limit or when there is a significant difference in citizenship among those involved in the dispute. Additionally, some cases are resolved through binding arbitration that is voluntary. This is a less formal procedure that is governed by professional decision makers. It is designed to minimize costs, speed up legal proceedings, and eliminate the risks associated with large juries. Arbitration is not always available in cases of malpractice.

Dosage of a drug that is incorrect

Medication errors, also known as medication mistakes, are among the most common causes of medical malpractice lawsuits. They can be the result of a doctor writing a prescription that is not correct or giving the wrong dosage to patients. These errors are often preventable. In the event of an incident, a pharmacy, a hospital or other health care provider could be held accountable for the harm caused by an individual who took the wrong dose of a medication.

A doctor could prescribe the wrong medication to a patient because of an incorrect diagnosis or simply due to a misreading of the prescription. A health care provider may also prescribe the wrong dosage because of an inability to communicate for example, when nurses read the doctor's handwritten prescription incorrectly or the pharmacist is mistaken in filling the prescription. In other cases, a doctor could delay in administering the correct medication to the patient, resulting in the patient's condition getting worse.

To win a malpractice case, a victim must establish that the medical professional acted in breach of their duty of care and that the negligence directly contributed to their injuries. This requires medical expert testimony. A medical malpractice case must establish the extent and the damages caused by the victim's injuries. This includes the cost of treatment and any lost wage. Generally, the greater a person's losses are and the greater the value of the claim will be.

Incorrect Procedure

This type of incident is not unusual. It might seem unattainable for medical professionals to perform the wrong procedure on patients, however, it happens. A surgeon who commits the mistake could be held liable for negligence. A patient who suffers injury as a result of a surgical error may be held responsible for any negligence that occurred during the procedure.

Any health professional who is accused of negligence must show that the patient was injured by a specific act or failure to act. To prove this the legal team of the patient must prove that: (1) the doctor was under an obligation to provide care or treatment; (2) that the doctor violated that duty; (3) that there is a direct causal link between the breach and the injury and (4) that the injury causes damages which the legal system has the power to address.

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

Based on the facts, malpractice lawsuits the plaintiff (the person who filed the claim or their legal representative) or their attorney may decide to file a lawsuit in either state or federal court. Most malpractice law firm cases are filed in state court, however in certain circumstances medical malpractice lawsuits could be filed in federal district court.

Wrong Surgery

The wrong-site surgery is a common error, but it could be considered medical negligence if the procedure is performed on the wrong side of the body. This kind of error is usually the result of miscommunication between members of a surgical team or production pressure that results in the surgeon being assigned multiple surgeries simultaneously. In these situations, a surgeon is not solely accountable for a mistaken-site procedure because of a legal principle known as "res ipsa locquitur" which states that the result is a matter of fact and cannot be attributed to negligence.

If the patient is injured during an operation that was performed on the wrong site it is possible that the patient will require additional procedures to rectify problems that were made worse by the error. This leads to costly medical bills for patients and their families. These costs should be considered when calculating the financial consequences of medical malpractice lawsuits.

The majority of times surgeons are liable for surgical mistakes. They are accountable for preparing the patient for surgery, reviewing the medical records and charts of the patient, coordinating with the rest of the medical staff, and making sure that the incision was placed at the correct location. However, in some cases an anesthesiologist or a hospital could also be accountable. Medical malpractice claims are generally filed in state courts, but under certain circumstances, they can be transferred to federal court.