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Common Causes of Malpractice Litigation

Malpractice litigation involves a complex process. The question of whether or not an error constitutes malpractice depends on whether the patient is able to establish four legal elements that include a professional obligation; breach of this duty; harm resulted from the breach and tangible damages.

Plaintiffs must demonstrate these elements with evidence like expert testimony, depositions, or discovery.

Misdiagnosis and Failure to Diagnose

The failure of a physician to correctly diagnose an illness or injury could result in grave complications, or even death. A lot of medical malpractice attorney cases involve incorrect diagnosis. To prove negligence, a 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 the most experienced and highly trained doctors make mistakes. Therefore, an allegation of malpractice needs to be backed by other elements like breach, proximate causality and actual injury. If a doctor does not sterilize his equipment before administering anesthesia and the patient is infected as a result of this, the doctor may be guilty.

In the majority of cases, lawsuits that allege malpractice will be filed in the state trial court in which the malpractice was alleged to have occurred. Federal courts may, however, have jurisdiction in certain instances. A claim may be filed before a federal court in certain circumstances. For instance it could involve an issue regarding a statute of limitation or if the parties are of different citizenships. Certain disputes are settled via binding arbitration. This is a less formal procedure with professional decision makers. It is designed to reduce costs, speed up legal proceedings and reduce the possibility of excessively generous juries. Arbitration is not always available in cases of misconduct.

Dosage of a drug that is incorrect

Medication errors--also called medication mistakes--are one of the most common causes of medical malpractice law firm lawsuits. They can involve a physician writing a prescription that is not correct or administering the wrong dosage to a patient. These mistakes are usually avoidable. According to the circumstances, a hospital staff member, a pharmacist or other health care providers could be held responsible for the harms suffered by the patient who received the wrong dosage of a drug.

A doctor can prescribe the wrong drug because of a misdiagnosis or simply failing to read the prescription. A health care professional could also administer the wrong dose due to an issue with communication for example, malpractice when nurses read the doctor's handwritten script in error or the pharmacist makes a mistake in filling the prescription. In other cases the doctor may delay in administering the correct medication to the patient, resulting in their condition deteriorating.

A victim must prove, in order to win a malpractice claim that the medical professional violated their professional standards and that their injuries were directly caused by the negligence. This requires medical experts to be able to testify. Medical malpractice cases also must prove the extent and damages of the victim's injuries. This includes the cost of treatment as well as any lost wages. The greater the loss the greater the value of the claim.

Incorrect Procedure

This kind of incident is not uncommon. It may seem like a challenge for medical professionals to carry out the wrong procedure on patients, but it's true. A surgeon who commits this mistake could be held accountable for malpractice. However, a patient who is injured by a surgical mistake could also be held responsible for any negligence that occurred along the process.

Any health professional who is accused of malpractice must show that the patient was hurt by a specific act or inaction. To establish this the legal counsel of the patient must show that: (1) the doctor was bound by an obligation to provide treatment or treatment; (2) that the doctor breached this duty; (3) that there is a direct causal relationship between the breach and the injury; and (4) that the injury causes damages that the legal system can resolve.

A breach of the duty of care has no significance unless it causes injury, which is the reason medical malpractice lawsuits are generally based on a legal doctrine known as "res ipsa loquitur." This law states that, in many instances certain injuries are obvious and recognizable that they can only be explained through negligent acts.

Depending on the circumstances of the case, the plaintiff (the patient or their legally appointed representative) or their lawyer may file the claim in federal or state court. The majority of malpractice cases are filed in state courts, but in certain situations the case of medical negligence can be brought to federal district court.

Wrong Surgery

Surgery performed on the wrong site is a very rare mistake, but it could be considered medical malpractice when the procedure is performed on the wrong part of the body. This type of mistake is usually the result of miscommunications between members of the surgical team or production pressures that result in surgeons being assigned several surgeries to perform at the same time. In these instances the surgeon is not solely responsible for an incorrect-site procedure due to a legal principle known as "res ipsa locquitur" which says that the outcome 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 in order to correct problems that were aggravated by the mistake. This could result in expensive medical expenses for patients as well as their families. These expenses must be taken into consideration when calculating the financial impact of medical malpractice lawsuits.

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, communicating with the medical staff, and making sure that the incision was placed at the right place. In some cases an anesthesiologist or hospital may also be held responsible. Medical malpractice cases are typically filed in state courts, but under certain circumstances they may be transferred to federal courts.