Common Causes of Malpractice Litigation

The process of bringing a malpractice lawsuit is a complex procedure. If a person can prove four elements, it will decide whether or not the mistake is malpractice. These are professional obligations in breach of this duty; a loss resulting from this breach; and measurable damages.

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

The wrong diagnosis and the inability to recognize

Failure to correctly diagnose an illness or injury accurately can cause serious complications, or death. A lot of medical malpractice cases involve incorrect diagnosis. To establish negligence, a patient or their lawyer needs to prove that a seasoned doctor in similar circumstances would not have misdiagnosed the condition.

A misdiagnosis is not always negligence. Even the most experienced and highly trained doctors make mistakes, and any claim of malpractice has to be supported by other factors like breach, proximate causality and actual injury. For instance, if a physician is not careful to sterilize their equipment prior to giving anesthesia to a patient and they develop an infection because of it the doctor could be liable for malpractice.

Lawsuits alleging malpractice are typically filed in state trial courts where the alleged error lawsuit occurred. However, federal courts might have jurisdiction under limited circumstances. For instance, a lawsuit could be filed in federal court if it involves the interpretation of the statute of limitations or when there is a substantial difference in citizenship among the parties to the case. In other cases, certain claims are settled through voluntary binding arbitration. This is a less formal procedure with professional decision makers. It is designed to reduce costs, expedite legal proceedings and eliminate the possibility of excessively generous juries. However, arbitration isn't available for all claims of malpractice.

Wrong Drug Dosage

Medication errors--also called medication mistakes--are among the most common causes of medical malpractice lawsuits. They can be the result of a doctor prescribing a prescription in error or delivering the wrong dose to a patient. These errors are usually avoidable. In certain circumstances, a hospital, its staff, a pharmacist or other health professionals could be held responsible for the injuries suffered by a patient who was prescribed the wrong dosage of a drug.

A doctor might prescribe the wrong medicine because of a misdiagnosis or simply failing to read the prescription. A health care professional could also administer the wrong dosage because of an inability to communicate for example, when nurses read a doctor's handwritten script incorrectly or the pharmacist is mistaken in filling the prescription. In other instances, a doctor could delay the administration of the correct medication to the patient, resulting in their condition worsening.

To be successful in a malpractice lawsuit, a victim must prove that the medical professional violated their duty of care and that their negligence directly led to the injuries. This requires medical experts to be present. A medical malpractice case also must prove the severity and damage of the victim's injuries. This includes the cost of treatment as well as any lost wage. Generally, the greater a loss is then, the more valuable the claim will be.

Wrong Procedure

It's not likely that medical professionals would carry out the wrong procedure on a patient but this type of mishap does occur. A surgeon who commits this kind of error could be held responsible for negligence. However the patient who is injured as a result of a surgical error may also be held liable for any negligence that occurred during the process.

Any health care professional who is accused of malpractice must show that the patient was hurt through a specific act or omission to act. To prove this the legal team representing the patient must show: (1) that the doctor was obligated to provide treatment or care to the patient; (2) that he breached that duty; (3) that a causal connection exists between the negligence and injury; and (4) the injuries result in damages that the legal system can deal with.

A breach of the duty of care is meaningless unless it causes injury, which is why medical malpractice lawsuits are generally made based on a law called "res ipsa loquitur." This law states that, in a lot of instances, certain injuries are so obvious and evident that they cannot be explained except by negligence.

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

Wrong Surgery

Wrong-site surgery is a rare error, but it can be considered medical malpractice when the procedure is performed on the wrong side of the body. This type of error is typically the result of miscommunication between members of a surgical team, or production pressure that leads to the surgeon being tasked with multiple surgeries at once. 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 speaks for itself and cannot be blamed on negligence.

If a patient gets injured by wrong-site surgery it is possible that he or she will require additional procedures to fix problems exacerbated by the surgical mistake. This leads to costly medical expenses for the patient and their families. It is essential to take these costs into account when calculating the financial cost of medical malpractice lawsuits.

The majority of times, surgeons are held responsible for surgical errors. They are responsible in preparing the patient prior to the procedure, examining the medical record and chart of the patient, communicating with the rest of the medical team, and ensuring that the incision was placed in the proper location. In some instances an anesthesiologist or hospital could also be held accountable. Medical university place malpractice attorney lawsuits are usually filed in state courts, however, in certain situations, they can be transferred to federal court.