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Common Causes of Malpractice Litigation

Malpractice litigation involves a complex process. If the error constitutes malpractice depends on the ability of the patient to prove four legal elements which include professional duty; breach of this duty; harm resulting from the breach; and tangible damages.

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

Undiagnosed or Incorrectly Diagnosed

The failure of a physician to accurately 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 prove negligence, the patient or their lawyer must demonstrate that a competent physician under similar circumstances and in the same area would not have misdiagnosed the problem.

The misdiagnosis of a patient does not always mean negligence. Even highly trained and experienced doctors make mistakes, therefore a claim of malpractice must be backed by other elements such as breach, proximate causation, and actual injury. For example when a doctor fails to properly sterilize their equipment prior to administering anesthesia and the patient suffers an infection due to the infection the doctor may be guilty of malpractice.

In the majority of cases, lawsuits alleging malpractice will be filed in the state trial court where the alleged error occurred. However, federal courts might have jurisdiction in certain situations. A claim can be brought before a federal court in specific circumstances. For example it could be disputes over a statute of limitation or in the event that the parties have different nationalities. Certain disputes are settled via arbitral arbitration, which is a binding process. This is a non-formal procedure which involves professionals who make the decisions. It is designed to cut costs, speed up legal process, and remove the risk of overly generous juries. However, arbitration isn't available for all malpractice claims.

Wrong Drug Dosage

Medication errors, also known as medication mistakes, are one of the main causes of medical malpractice lawsuits. These errors are caused by a physician submitting a prescription in the wrong format, or giving the patient the wrong dosage. These errors are usually preventable. According to the circumstances the hospital or its staff, a pharmacist or other health care provider could be held accountable for the harms suffered by the patient who received the wrong dosage of medication.

A doctor might prescribe the wrong medication to a patient because of an incorrect diagnosis or simply because he/she misreads the prescription. A health professional could also administer the incorrect dosage because of a glitch in communication. For instance nurses might read a doctor's script incorrectly or a pharmacist could make an error when filling the prescription. In other cases doctors may delay administering the correct medication to the patient, which could result in their condition worsening.

A person who suffers from a medical malpractice claim must prove, for the sake of winning a malpractice claim, that the medical professional violated their standard of practice and that their injuries were directly attributed to the negligence. This requires medical experts to be present. A medical malpractice case also must prove the severity and the damages caused by the victim's injuries. This includes the costs of treatment for the victim as well as any lost wages. The greater loss is in the greater value of the claim will be.

Wrong Procedure

It might seem absurd that medical professionals would carry out the wrong procedure on a patient, however, this type of event can occur. The surgeon who makes this mistake could be held liable for negligence. However, a patient who is injured by a surgical mistake could also be held responsible for any negligence that occurred on the process.

Any health care professional who is accused of misconduct must show that the patient was injured by a specific action or failure to act. To prove this the legal team of the patient has to prove: (1) that the doctor had a responsibility to provide treatment or care to the patient; (2) that he did not fulfill that duty; (3) that a causal connection exists between the breach and injury; and (4) the injury results in damages which the legal system may address.

A breach of the duty of care is insignificant unless it causes injury, which is why medical malpractice claims are usually made based on a law known as "res ipsa loquitur." This law states that, in many instances certain injuries are so obvious and evident that they can only be explained by negligent actions.

Depending on the circumstances of the case, the plaintiff (the patient or their legally designated representative) or their attorney can make the claim in a federal or state court. Most malpractice cases are filed in state courts, however under limited circumstances the medical malpractice lawsuit could be filed in federal district court.

Wrong Surgery

The wrong-site surgery isn't common but it could be considered medical malpractice in the event that the procedure is carried out in the wrong area of your body. This type of error is usually due to miscommunication between members of a surgical team or production pressure that leads to the surgeon being tasked with multiple surgeries at the same time. 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 is a matter of fact and cannot be attributed to negligence.

If a patient gets injured by wrong-site surgery and is injured, they may require additional procedures to repair problems that are aggravated by the mistake. Patients and their families are left with expensive medical bills. It is crucial to keep these costs in mind when calculating the financial cost of medical malpractice claims.

The majority of times surgeons are accountable for surgical errors. They are accountable in preparing the patient for surgery, reviewing the medical records and charts of the patient, communicating with the rest of the medical team, and ensuring that the incision was placed in the proper location. However, in some cases an anesthesiologist or hospital may also be accountable. Medical malpractice attorney lawsuits are typically filed in state courts, but they may be transferred under certain circumstances to federal court.