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Common Causes of Malpractice Litigation

Malpractice litigation involves a complex procedure. If a patient is able to prove four elements, it will be able to determine whether or not the error is malpractice. These are professional obligation or breach of that obligation; a repercussion from the breach; and quantifiable damage.

Plaintiffs must also demonstrate these elements with evidence such as expert testimony, depositions, and discovery.

Misdiagnosis and Failure to Diagnose

Inability to recognize an injury or illness accurately can lead to serious complications, or even death. The misdiagnosis of a patient is a frequent reason for medical negligence. To show negligence, the patient or their lawyer must demonstrate that a skilled doctor in similar circumstances would not have misdiagnosed a condition.

The misdiagnosis of a patient does not always mean malpractice. Even experienced and highly trained doctors can make errors. Therefore, any claim for malpractice must be supported with other elements like breach, proximate reason and actual injury. For example If a doctor fails to properly sterilize their equipment prior to giving anesthesia and the patient suffers an infection due to the infection, the doctor could be liable for malpractice.

Legal actions claiming malpractice are usually filed in state trial courts where the alleged malpractice occurred. Federal courts could, however, have jurisdiction in certain circumstances. For example, a claim could be filed in federal court if it is an issue regarding the time limit for filing a claim or malpractice if there is a substantial variety of citizenship among the parties involved in the case. Certain disputes are settled through arbitral arbitration, which is a binding process. This is a less formal process which involves professionals who make the decisions. It is designed to minimize expenses, speed up the legal proceedings, and eliminate the risk associated with overly generous juries. Arbitration is not available in all instances of malpractice.

Dosage for a drug that is not correct

Medication errors--also called medication mistakes--are one of the most common causes of medical malpractice lawsuits. These errors can be caused by a physician who writes a prescription in the wrong format or giving the patient the incorrect dosage. These errors are generally preventable. Depending on the circumstances, a hospital, its staff, a pharmacist or other health professionals may be held liable for the injuries sustained by patients who were given the wrong dosage of a drug.

A doctor may prescribe the wrong medication as a result of a misdiagnosis. Or, simply failing to read the prescription. A health professional may also administer the wrong dose due to a breakdown in communication for instance, when the nurse reads the doctor's handwritten script in error or the pharmacist makes a mistake in filling the prescription. In other situations doctors may delay the administration of the correct medication to the patient, resulting in their condition deteriorating.

To prevail in a malpractice lawsuit, a victim must show that the medical professional did not meet their duty of care and that their negligence directly led to the injuries. This requires medical experts to provide evidence. A medical malpractice claim also must establish the extent and damage of the victim's injuries. This includes the cost of a person's treatment and any wages lost. The greater the loss the greater the value of the claim.

Incorrect Procedure

This type of incident is not unusual. It may seem impossible for medical professionals to carry out the wrong procedure on patients, however, it is a reality. A surgeon who makes this mistake can be held liable for negligence. However those who are injured by a surgical mistake may also be held liable for any negligence that occurred during the way to the procedure.

Any health professional who is accused of malpractice must prove that the patient was harmed through a specific act or inaction. To prove this, the legal team representing the patient has to prove: (1) that the doctor was obligated to care for or treat the patient; (2) that he violated his duty; (3) that a causal link exists between the negligence and injury; and (4) the injury causes damages that the legal system can address.

A breach of duty of care has no significance unless it results in injury. This is why medical malpractice cases are often founded on the legal doctrine "res ipsa locquitur" which says that certain injuries are so obvious they can only be explained through negligence.

Depending on the facts of the situation, the plaintiff (the patient or their legally appointed representative) or their attorney could present the claim to federal or state court. Most malpractice cases are filed in state courts, however under limited circumstances, a medical malpractice lawsuit can be brought in federal district court.

Wrong Surgery

The wrong-site procedure is rare but it can be considered medical malpractice if the procedure is performed in the wrong part of your body. This kind of error is usually caused by a lack of communication between the surgical team, or pressures in the production process that result in a surgeon having multiple surgeries at once. In these situations, a surgeon is not solely responsible for an incorrect-site operation due to a legal principle known as "res ipsa locquitur" which says that the result speaks for itself and cannot be blamed on negligence.

If the patient is injured during a wrong-site procedure, he or her may require additional procedures in order to correct problems that were aggravated due to the error. Patients and their families are left with costly medical bills. These expenses must be considered when calculating the financial consequences of medical malpractice lawsuits.

The majority of times surgeons are accountable for surgical mistakes. They are responsible in preparing the patient prior to the procedure, as well as checking the medical record and chart of the patient, coordinating with the medical staff, malpractice and making sure that the incision was placed in the proper location. However, in some instances a hospital or anesthesiologist may be held accountable. Medical malpractice lawyer claims are typically filed in state court, but they may be transferred under certain circumstances to federal court.