Common Causes of Malpractice Litigation

The legal process for defending malpractice is a complex process. If a patient can demonstrate four factors, it will determine whether or not the mistake is a case of malpractice. These are professional obligations; a breach of that duty; an injury resulting from this breach; and measurable damage.

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

The wrong diagnosis or the inability to diagnose

The failure of a physician to diagnose an illness or injury can lead to grave complications, or even death. Many medical malpractice cases result from misdiagnosis. To prove negligence, the patient or their attorney must demonstrate that a competent doctor under similar circumstances and in the same area would not have missed the diagnosis.

A misdiagnosis is not always malpractice. Even highly-trained and experienced doctors can make errors. Therefore, a claim of malpractice must be supported with other elements, such as breach, proximate reason and actual injury. For example, if a physician does not properly sterilize their equipment prior to administering anesthesia, and the patient develops an infection because of it the doctor may be liable for malpractice.

In most instances, lawsuits claiming that there was a mistake will be filed in the state trial court in which the malpractice was alleged to have occurred. Federal courts can however have jurisdiction in certain situations. For instance, a case may be brought in federal court if it involves a dispute over the time limit for filing a claim or when there is a substantial variety of citizenship among those involved in the dispute. Additionally, some cases are settled through voluntary binding arbitration. This is a non-formal procedure that is governed by professional decision makers. It is designed to reduce expenses, speed up the legal proceedings, and eliminate the risks associated with large juries. Arbitration is not accessible in all cases of misconduct.

Dosage of a drug that is incorrect

Medication errors are among the most common causes of medical malpractice lawsuits. They can be caused by a physician writing a prescription incorrectly or administering the wrong dosage to patients. These errors are often preventable. In certain circumstances, a hospital or its staff, pharmacist or other health professionals may be held liable for the harms suffered by a patient who was prescribed 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 because he/she misreads the prescription. A health professional can also prescribe the wrong dosage due to a lapse in communication. For instance nurses might not read a doctor's prescription correctly or a pharmacist may fail to fill the prescription. In other situations, a doctor could delay the administration of the correct medication to the patient, which could result in their condition worsening.

A person seeking compensation must prove, for the sake of winning a malpractice lawsuit that the medical professional breached their standard of practice and that their injuries were directly caused by the negligence. This requires medical experts to provide evidence. Furthermore, a medical negligence case must demonstrate the extent of the injuries suffered by a victim and the damages they suffered as a result of the negligence. This includes the cost of a person's treatment and any lost wages. In general, the greater a loss is in the greater value of the claim will be.

The wrong procedure

It might seem absurd that medical professionals would perform the wrong procedure on a patient but this type of incident can occur. A surgeon who makes the mistake could be held liable for negligence. If a patient is injured as a result of an error during surgery may be held responsible for any negligence that occurred during the procedure.

Any health care professional who is alleged to be negligent must show that the patient was injured through a specific act or inaction. To establish this, the patient's legal team must prove that: (1) the doctor was in an obligation to provide treatment or treatment; (2) that the doctor did not fulfill this 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 resolve.

A breach of duty of care is no significance unless it results in injury. This is the reason why medical malpractice cases are typically built on the legal principle "res ipsa locquitur" which says that certain injuries are so obvious that they can only be explained through negligence.

Depending on the circumstances, the plaintiff (the person who filed the claim, or their legal representative) or their lawyer could decide to file the claim either in state or federal court. Most malpractice law firm cases are filed in state court. However, in certain situations medical malpractice lawsuits can be filed in federal district court.

Wrong Surgery

A wrong-site procedure is a rare error, but it could be considered medical malpractice when the procedure is carried out on the wrong portion of the body. This type of mistake is usually caused by a lack of communication between members of the surgical team, or by production pressures that lead to a surgeon having multiple surgeries at once. In these situations, a surgeon is not solely responsible for a misplaced procedure due to the 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 a wrong-site procedure the patient may require additional procedures to fix problems that were aggravated due to the error. Patients and their family members are left with hefty medical bills. It is essential to keep these costs in mind when calculating the financial cost of medical malpractice lawsuits.

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