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Common Causes of Malpractice Litigation

Malpractice litigation is a complicated process. If an error is malpractice based on the ability of the patient to prove four legal elements that include a professional obligation; breach of this duty; harm resulted from the breach and quantifiable damages.

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

The wrong diagnosis or the inability to diagnose

Failure to diagnose an illness or injury accurately can lead to serious complications, or death. A large number of medical malpractice cases involve mistaken diagnosis. To prove negligence, the patient or their attorney must show that a competent doctor in similar circumstances and working in the same field would not have misdiagnosed the condition.

Misdiagnosis doesn't always mean negligence. Even the most skilled and trained doctors make mistakes, so any claim of malpractice has to be supported by other elements like breach, proximate causality and actual injury. If a doctor fails to sterilize his equipment before administering anesthesia, and the patient gets infected due to this, he could be held accountable.

In most instances, lawsuits claiming that there was a mistake will be filed in the state trial court where the malpractice was alleged to have occurred. However, federal courts may be able to handle cases in certain circumstances. For instance, a lawsuit may be brought in federal court in the event of an issue regarding a statute of limitations or Malpractice lawsuits when there is a substantial diversity of citizenship of the parties in the case. Certain claims are settled through binding arbitration. This is a less-formal process that is governed by professional decision makers. It is designed to minimize costs, expedite the legal process, and reduce the risks associated with large juries. Arbitration is not always available in cases of misconduct.

Dosage for a drug that is not correct

Medication errors are one of the most common causes of medical malpractice lawsuits. These errors can be caused by a physician who writes a prescription in a wrong format or giving the patient the incorrect dosage. These errors are usually preventable. Based on the circumstances, a hospital staff member, a pharmacist or other health care providers could be held accountable for the harms suffered by patients who were given the wrong dosage of a drug.

A doctor may prescribe the wrong drug because of a misdiagnosis. Or, simply not understanding the prescription correctly. A health professional could also administer the wrong dosage due to a breakdown in communication, such as when the nurse reads the handwritten prescription of a doctor incorrectly or the pharmacist makes an error in filling out the prescription. In other instances, the physician may delay the administration of the correct medication, which could cause the patient's illness to getting worse.

A person seeking compensation must prove, for the sake of winning a malpractice lawsuit that the medical professional violated their standards of practice and that their injuries were directly caused by the negligence. This requires the testimony of a medical expert. Additionally, a medical malpractice attorneys case must demonstrate the extent of the injuries suffered by a victim and the damage they sustained as a result of the negligence. This includes the costs of treatment for the victim as well as any lost wages. Generally, the greater a person's losses are, the more valuable the claim will be.

Wrong Procedure

This kind of situation is not unusual. It might seem impossible for medical professionals to perform the incorrect procedure on patients, however, it happens. A surgeon who commits this mistake could be held accountable for negligence. However, a patient who is injured due to a surgical error may also be held liable for any negligence that occurred on the path to the procedure.

Any health professional who is accused of negligence must show that the patient was harmed through a specific act or inaction. To establish this the legal team representing the patient has to prove: (1) that the doctor was legally obligated to treat or provide care to the patient; (2) that he breached that duty; (3) that a causal link exists between the breach and the injury; and (4) the injuries result in damages that the legal system could address.

A breach of duty of care has no meaning unless it result in injury. This is why medical malpractice cases are typically built on the legal principle "res ipsa locquitur," which states that certain injuries are so obvious they can only be explained by negligence.

Depending on the facts of the case, the plaintiff (the patient or their legally appointed representative) or their attorney can file the claim in state or federal court. The majority of malpractice cases are filed in state court, but in certain situations medical malpractice lawsuits could be filed in federal district court.

Wrong Surgery

The procedure that is performed on the wrong site is not common but it can be considered medical malpractice when the procedure is done in the wrong area of your body. This type of error is usually caused by miscommunications between the surgical team, or due to production pressures that result in surgeons being assigned several surgeries to perform at the same time. In these situations the surgeon is not solely accountable for a mistaken-site procedure because of 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 someone is injured during a wrong-site procedure, he or her may require additional procedures in order to correct issues that were caused by the error. This could result in expensive medical bills for patients and their families. It is important to consider these costs when calculating the financial burden of medical malpractice claims.

Surgeons are most often accountable for surgical errors because they are the individuals who are responsible for properly preparing for the operation and double-checking the patient's medical chart and medical records, coordinating effectively with the other members of the medical team, and making sure that the incision is done at the correct place. In some instances the hospital or anesthesiologist could also be held accountable. Medical malpractice lawsuits are typically filed in state courts, but can be transferred under certain circumstances to federal court.