Common Causes of Malpractice Litigation

Malpractice litigation can be a difficult procedure. The question of whether or not an error is malpractice based on the ability of the patient to establish four legal elements: a professional duty; breach of this duty; injury resulting from the breach; and quantifiable damages.

Plaintiffs must prove these elements through evidence such as expert testimony, depositions and discovery.

Incorrect diagnosis and inability to diagnose

The failure of a physician to accurately diagnose a disease or injury can result in grave complications, or even death. A large number of medical malpractice cases involve incorrect diagnosis. To prove negligence, a person or their lawyer must show that a qualified doctor in similar circumstances would not have misdiagnosed an illness.

Misdiagnosis doesn't always mean malpractice. Even highly trained and experienced doctors make mistakes, therefore an allegation of malpractice needs to be backed by other elements like breach, proximate causality and actual injury. For example the case where a physician fails to properly clean their equipment prior the time they administer anesthesia and the patient suffers an infection due to the infection, the doctor could be liable for malpractice.

Lawsuits alleging malpractice are typically filed in state trial courts, malpractice litigation where the alleged malpractice took place. Federal courts could be able to hear cases in certain circumstances. For example, a claim may be brought in federal court if it involves a dispute over a statute of limitations or in the event of a significant difference in citizenship among those involved in the dispute. Alternatively, some claims are resolved through binding arbitration that is voluntary. This is a non-formal procedure that is governed by professional decision makers. It is designed to minimize expenses, speed up the legal process, and reduce the risk that comes with generous juries. Arbitration is not accessible in all cases of malpractice settlement.

Dosage for a drug that is not correct

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 prescriptions in the wrong format or giving the patient the wrong dosage. These errors are often preventable. According to the situation an individual pharmacy, hospital or other health care provider could be held responsible for malpractice litigation the injuries resulting from a patient who received the wrong dosage of a drug.

A doctor could prescribe the wrong medication to a patient because of an incorrect diagnosis or simply by misreading the prescription. A health care professional may also administer the wrong dosage due to a failure in communication. For example the nurse might interpret a doctor's prescription incorrectly or a pharmacist could have a mistake while filling the prescription. In other cases, the physician may delay the proper medication, which could cause the patient's illness to getting worse.

A person seeking compensation must prove, in order to prevail on a malpractice settlement claim that the medical professional breached their professional standards and that their injuries were directly caused by the negligence. This requires the testimony of a medical expert. A medical malpractice case must establish the extent and damages of the victim's injuries. This includes the cost of treatment and any wage loss. The more money you lose of the claim, the greater the value of the claim.

Wrong Procedure

It's not likely for medical professionals to perform the wrong procedure on a patient, but this type of mishap is quite common. A surgeon who commits this error could be held accountable for negligence. If a patient is injured because of an error during surgery can be held responsible for any mistakes that were made during the procedure.

A health care professional who is accused of malpractice has to prove that the patient was injured due to the specific act or inability to take action. To prove this the legal team of the patient must demonstrate: (1) that the doctor had a responsibility to provide treatment or care to the patient; (2) that he breached that duty; (3) that a causal connection exists between the negligence and injury; and (4) the injuries result in damages that the legal system can address.

A breach of duty of care has no meaning unless it results in injury. This is the reason why medical malpractice cases tend to be based on the legal doctrine "res ipsa locquitur," which says that certain injuries are so obvious that they can be explained only by negligence.

Based on the facts depending on the facts, the plaintiff (the person who filed the claim or their legal representative) or their lawyer may decide to file the case in either state or federal court. The majority of malpractice compensation cases are filed in state courts, but in certain circumstances the case of medical negligence can be brought to federal district court.

Wrong Surgery

The wrong-site surgery isn't common but it can be considered medical malpractice in the event that the procedure is carried out in the wrong place on your body. This kind of error is often caused by miscommunication between the members of a surgical team or production pressure that results in an individual surgeon being assigned multiple surgeries at the same time. In these instances, a surgeon is not solely responsible for a wrong-site procedure due to a legal rule known as "res ipsa locquitur" which states that the outcome is a matter of fact and cannot be blamed on negligence.

If a patient is injured during an improper procedure the patient may need additional procedures to correct problems that were aggravated due to the error. This can result in high medical expenses for patients as well as their families. It is essential to keep these costs in mind when calculating the financial burden of medical malpractice claims.

Most often surgeons are accountable for surgical errors. They are responsible to prepare the patient for the procedure, examining the medical records and chart of the patient, communicating with the rest of the medical team, and ensuring that the incision was placed at the correct location. In certain instances, a hospital or anesthesiologist can also be held liable. Medical malpractice claims are generally filed in state courts, but under certain circumstances, they can be transferred to federal courts.