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Common Causes of Malpractice Litigation

The process of bringing a malpractice lawsuit is a complex procedure. Whether or not an error constitutes malpractice depends on whether the patient is able to establish four legal elements which include professional duty; breach of this duty; harm resulting from the breach; and quantifiable damages.

Plaintiffs must be able to prove the elements using evidence such as expert testimony and depositions.

Misdiagnosis or Failure to Diagnose

Failure to identify an injury or illness in a timely manner can lead to serious complications, or even death. It is a typical cause of medical negligence. To prove negligence the patient or their attorney must demonstrate that a competent doctor under similar circumstances and in the same specialty would not have missed the diagnosis.

Misdiagnosis doesn't always mean malpractice. Even experienced and highly trained doctors are not immune to mistakes. Therefore, any claim of malpractice must be backed by other factors like breach, proximate cause and actual injury. If a doctor does not sterilize his equipment prior to giving anesthesia, and the patient develops an infection due to this, the doctor may be guilty.

The majority of lawsuits involving malpractice are filed in state trial courts, where the alleged malpractice occurred. However, federal courts may be able to hear cases in specific circumstances. For instance, a claim could be filed in federal court if it involves a dispute over the statute of limitations or when there is a substantial variety of citizenship among the parties involved in the case. Certain disputes are settled via binding voluntary arbitration. This is a less formal procedure which involves professional decision makers and is intended to cut costs, speed up legal proceedings and eliminate the possibility of excessively generous juries. However, arbitration is not accessible for all malpractice claims.

Dosage of a drug that is incorrect

Medication errors, often referred to as medication mistakes, are one of the most common causes of medical malpractice suits. These errors can be caused by a physician who writes prescriptions in the wrong format, or giving the patient the wrong dosage. These mistakes are often avoidable. According to the situation an individual pharmacy, hospital or other health care provider could be held accountable for the injuries resulting from patients who were given the wrong dosage of a medication.

A doctor can prescribe the wrong medication as a result of a misdiagnosis or by simply misreading the prescription. A health professional may also administer the wrong dose due to an inability to communicate, such as when the nurse reads a doctor's handwritten script incorrectly or the pharmacist is mistaken in filling out the prescription. In other situations, a physician might delay the proper medication to the patient, resulting in their condition becoming worse.

To prevail in a malpractice case, a victim must prove that the medical professional did not meet their standard of care and that their negligence directly led to their injuries. This requires the testimony of a medical expert. Moreover, a medical malpractice claim must establish the extent of a victim's injuries and the damage they sustained as a result of the negligence. This includes the cost of treatment and any wage loss. The more the loss is, the more valuable of the claim.

Incorrect Procedure

It may seem impossible that medical professionals would perform the incorrect procedure on a patient however, this type of event occurs. The surgeon who commits this kind of error could be held to be liable for negligence. If a patient is injured as a result of an error during surgery can be held liable for any mistakes that were made during the procedure.

Any health care professional who is accused of malpractice must show that the patient was hurt by a specific act or omission to act. To establish this, the patient's legal team must prove that (1) the doctor had an obligation to provide care or treatment; (2) that the doctor violated that duty; (3) that there is a direct and causal connection between the breach and the injury and (4) that the injury results in damages that the legal system could address.

A breach of the duty of care is meaningless unless it causes injury, this is why medical malpractice claims are typically built on a legal concept called "res ipsa loquitur." This law says that, in a lot of instances certain injuries are so obvious and recognizable that they are only explained by negligent actions.

Based on the facts of the case, the plaintiff (the patient or their legally appointed representative) or their lawyer may file the claim in federal or state court. Most malpractice cases are filed in state courts, however under limited circumstances medical malpractice lawsuits could be filed in federal district court.

Wrong Surgery

The wrong-site procedure is rare but it could be considered medical Malpractice Lawyer if the procedure is performed in the wrong area of your body. This type of error is usually caused by miscommunications between members of the surgical team, or due to pressures on production that result in surgeons having several surgeries to perform at the same time. In these instances, the surgeon is not solely responsible for his or her responsibility for a surgical error that is not performed correctly due to the legal principle known as "res ipsa loquitur" which means that the result of the error speaks for itself and cannot be attributed to negligence.

When a patient is injured as a result of surgery done on the wrong location the patient may require additional treatments to correct issues that were caused by the surgical mistake. This leads to costly medical expenses for patients and their families. It is essential to keep these costs in mind when calculating the financial cost of medical malpractice lawsuits.

Surgeons are often accountable for surgical errors because they are the ones who are responsible for properly prepping for the operation by double-checking patient's chart and medical records, coordinating effectively with other members of the medical team, and making sure that the incision has been placed at the right place. However, in certain instances hospitals or anesthesiologists may be held accountable. Medical malpractice claims are generally filed in state courts, however, they can be transferred under certain circumstances to federal court.