Common Causes of Malpractice Litigation

Malpractice litigation can be a difficult procedure. If a patient is able to prove four elements, it will decide whether or not the error is a case of malpractice. These are professional obligation; a breach of that obligation; an injury that results from this breach; and measurable damages.

Plaintiffs must also prove these elements through evidence like expert testimony, depositions, and discovery.

Misdiagnosis and Failure to Diagnose

Failure to correctly diagnose an injury or illness correctly could lead to serious complications, or even death. Many medical malpractice cases involve incorrect diagnosis. To show negligence, the patient or their lawyer must show that a seasoned doctor in similar circumstances would not have misdiagnosed the condition.

A misdiagnosis is not always malpractice. Even experienced and highly trained doctors are not immune to mistakes. Therefore, a claim of malpractice has to be backed by other elements such as breach, proximate reason and actual injury. For instance If a doctor does not take the time to clean their equipment prior the time they administer anesthesia and the patient develops an infection due to the infection the doctor could be found to be negligent.

Lawsuits alleging malpractice are typically filed in state trial courts, where the alleged malpractice took place. However, federal courts could be able to hear cases in specific circumstances. A case may be brought before a federal court in specific circumstances. For instance it could be a dispute about the statute of limitations or if the parties are of different citizenships. In other cases, certain claims are resolved through binding arbitration that is voluntary. This is a less formal procedure which involves professional decision makers and is designed to cut costs, expedite legal proceedings and reduce the risk of overly generous juries. Arbitration is not always available in cases of malpractice.

Dosage for a drug that is not correct

Medication errors--also called medication mistakes--are among the most common causes of medical malpractice lawsuits (voiceof.Com). These errors can be caused by a doctor writing prescriptions in a wrong format or giving the patient the incorrect dosage. These mistakes are usually preventable. Based on the circumstances, a hospital staff member, a pharmacist or other health care professionals may be held liable for the injuries sustained by the patient who received the wrong dosage of medication.

A doctor could prescribe the wrong medicine because of a misdiagnosis. Or, simply not understanding the prescription correctly. A health professional could also administer the wrong dosage due to an inability to communicate for example, when a nurse reads the handwritten prescription of a doctor incorrectly or the pharmacist makes an error in filling out the prescription. In other cases, a physician might delay administering the correct medication to the patient, which could result in their condition becoming worse.

A plaintiff must prove in order to win a malpractice lawsuit, that the medical professional violated their professional standards and that their injuries were directly attributed to the negligence. This requires the testimony of a medical expert. A medical malpractice case must prove the severity and damages of the victim's injuries. This includes the costs of treatment for a patient and any lost wages. The more loss you suffer of the claim, the greater the value of the claim.

Wrong Procedure

This kind of situation is not uncommon. It may seem like a challenge for medical professionals to perform the wrong procedure on patients however, it happens. A surgeon who commits this error could be held accountable for negligence. However the patient who is injured by a surgical mistake can also be held accountable for any negligence that occurred during the process.

Any health care professional who is accused of malpractice must prove that the patient was injured through a specific act or inaction. To prove this the legal team representing the patient must demonstrate: (1) that the doctor had a responsibility to treat or provide care to the patient; (2) that he did not fulfill that duty; (3) that a causal link exists between the breach and injury; and (4) the injury results in damages the legal system can deal with.

A breach of the duty of care is meaningless unless it causes injury that's why medical malpractice claims are usually founded on a legal principle known as "res ipsa loquitur." This law says that, in the majority of cases, certain injuries are so obvious and recognizable that they can only be explained by negligent acts.

Depending on the facts the plaintiff (the person who filed the claim, or their legal representative) or their lawyer can decide to file the case in federal or state court. Most malpractice cases are filed in state court, however in certain situations medical malpractice lawsuits may be filed in federal district court.

Wrong Surgery

The wrong-site surgery isn't common but it could be considered medical malpractice if the procedure is performed in the wrong area of your body. This kind of error is typically caused by miscommunication between members of a surgical team or production pressure that results in the surgeon being assigned multiple surgeries simultaneously. In these situations the surgeon isn't the only one with responsibility for a surgical error that is not performed correctly because there is a legal rule known as "res ipsa loquitur" which means that the effect of the error speaks for itself and can be attributed to negligence.

If an individual is injured in an improper procedure it is possible that the patient will require additional procedures to fix problems that were exacerbated by the error. This can result in high medical expenses for the patient and their families. This expense should be considered when calculating the financial consequences of medical malpractice claims.

The majority of times, surgeons are held responsible for surgical mistakes. They are accountable for preparing the patient for the procedure, examining the medical records and chart of the patient, coordinating with the rest of the medical staff, and making sure that the incision was placed at the correct location. In certain instances an anesthesiologist or hospital may also be held responsible. Medical malpractice claims are usually filed in state courts. However, under certain circumstances, they can be transferred to federal court.

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