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Common Causes of Malpractice Litigation

Malpractice litigation involves a complex process. The degree to which the error constitutes malpractice depends on whether the patient is able to prove four legal elements which include professional duty breach of this duty; injury resulted from the breach and damages that can be quantifiable.

Plaintiffs must also prove the facts using evidence such as expert testimony and depositions.

The wrong diagnosis and the inability to recognize

A physician's inability to correctly diagnose an illness or injury could result in serious complications or even death. The misdiagnosis of a patient is a frequent reason for medical negligence. To show negligence, the patient or their lawyer needs to prove that a skilled doctor in similar circumstances would not have misdiagnosed an illness.

Every misdiagnosis can be considered to be malpractice, however. Even experienced and highly trained doctors make mistakes. Therefore, a claim for malpractice must be backed by other elements such as breach, proximate cause and actual injury. For instance the case where a physician does not take the time to sterilize their equipment before administering anesthesia and the patient develops an infection due to the infection the doctor could be guilty of malpractice.

In the majority of cases, lawsuits that allege malpractice will be filed in the state trial court where the malpractice was alleged to have occurred. Federal courts can however have jurisdiction in certain situations. For example, a claim could be filed in federal court if it is a dispute over a statute of limitations or in the event of a significant variation in the citizenship of those involved in the dispute. Alternatively, some claims are resolved through binding arbitration that is voluntary. This is a less formal process which involves professional decision makers and is intended to cut costs, expedite legal proceedings and remove the possibility of excessively generous juries. However, arbitration isn't available for all claims of malpractice.

The wrong dosage of medication

Medication errors--also called medication mistakes--are among the most common causes of medical malpractice lawsuits. They can result from a doctor writing a prescription that is not correct or administering the wrong dosage to a patient. These mistakes are often avoidable. Based on the circumstances the hospital or its staff, pharmacist or other health professionals could be held accountable for the injuries sustained by the patient who received the wrong dose of medication.

A doctor may prescribe the wrong drug because of a misdiagnosis or simply failing to read the prescription. A health care professional could also administer the wrong dosage due to an issue with communication like when nurses read the doctor's handwritten prescription incorrectly or the pharmacist commits an error in filling the prescription. In other cases, a doctor could delay in administering the correct medication to the patient, which could result in the patient's condition getting worse.

A plaintiff must prove in order to prevail on a malpractice lawsuit that the medical professional breached their standard of practice and that their injuries were directly caused by the negligence. This requires testimony from a medical expert. A medical malpractice case must prove the extent and severity of the victim's injuries. This includes the costs of treatment for the victim as well as any wages lost. The more the loss the greater the value of the claim.

The wrong procedure

It's not likely that medical professionals could perform the wrong procedure on a patient however, this type of event occurs. The surgeon who commits this mistake could be held to be liable for negligence. Patients who are injured as a result of an error in surgery could be held responsible for any negligence that occurred during the procedure.

Any health care professional who is accused of negligence must prove that the patient was hurt by a specific act or inaction. To establish this, the legal team representing the patient must demonstrate: (1) that the doctor had a responsibility to provide treatment or care to the patient; (2) that he violated his duty; (3) that a causal link exists between the breach and injury and (4) the harm results in damages that the legal system can deal with.

A breach of the duty of care is not relevant unless it causes injury, which is the reason medical Malpractice Lawyers claims are usually built on a legal concept 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 negligent actions.

Based on the facts of the case, the plaintiff (the patient or their legally designated representative) or their attorney may file the claim in federal or state court. The majority of malpractice cases are filed in state court. However, in certain situations the medical malpractice lawsuit can be brought in federal district court.

Wrong Surgery

Surgery performed on the wrong site is a very rare error, but it can be considered medical malpractice when the procedure is carried out on the wrong portion of the body. This kind of error is usually the result of miscommunications between members of the surgical team, or production pressures that lead to surgeons being assigned multiple surgeries at once. In these situations the surgeon isn't solely responsible for an incorrect-site procedure due to the legal principle known as "res ipsa locquitur" which states that the outcome speaks for itself and cannot be attributed to negligence.

If someone is injured during an incorrect procedure and is injured, they may require additional procedures in order to correct problems that were aggravated by the mistake. This results in costly medical expenses for patients and their families. These costs should be considered when calculating the financial consequences of medical malpractice lawyer claims.

Surgeons are often accountable for surgical errors as they are the ones who are responsible for making preparations for the operation by double-checking patient's chart and medical records, communicating effectively with the other members of the medical team, and making sure the incision is done at the correct place. In some cases the hospital or anesthesiologist could also be held accountable. Medical malpractice lawsuits are typically filed in state court, but can be transferred under certain circumstances to federal court.