Common Causes of Malpractice Litigation

Malpractice litigation is a complicated procedure. The degree to which the error constitutes malpractice depends on the ability of the patient to prove four legal elements: a professional duty and breach of this duty; injury due to the breach and the possibility of quantifiable damages.

Plaintiffs must also prove the facts using evidence like expert testimony and depositions.

Undiagnosed or Incorrectly Diagnosed

Failure to diagnose an injury or illness accurately can result in serious complications, or even death. Misdiagnosis is a common cause of medical malpractice. To prove negligence the patient or their attorney must prove that a competent doctor in similar circumstances and working in the same specialty would not have misdiagnosed the problem.

Misdiagnosis does not always constitute malpractice. Even experienced and highly trained doctors make mistakes. Therefore, a claim for malpractice must be backed by other factors, such as breach, proximate causes and actual injury. For example when a doctor fails to properly sterilize their equipment before administering anesthesia and the patient suffers an infection as a result the doctor could be found to be negligent.

Lawsuits alleging malpractice are typically filed in state trial courts where the alleged malpractice lawyers occurred. However, federal courts may be able to hear cases in specific circumstances. For instance, a claim may be brought in federal court if there is disputes over the statute of limitations or if there is a substantial difference in citizenship among the parties in the case. Some claims are settled by arbitration that is binding and voluntary. This is a non-formal procedure that is governed by professional decision makers. It is designed to reduce expenses, speed up the legal process, and remove the risk of overly generous juries. Arbitration is not available in all instances of misconduct.

Dosage for a drug that is not correct

Medication mistakes, also referred to as medication errors, are one of the most frequent causes of medical malpractice lawsuits. They can result from a doctor prescribing the wrong medication or delivering the wrong dose to the patient. These errors are usually preventable. Based on the circumstances the situation, a pharmacist, a hospital or other health care providers could be held responsible for injuries caused by a patient who was given the wrong dose of a medication.

A doctor could prescribe the incorrect medication to a patient because of an inaccurate diagnosis or simply because they misread the prescription. A health professional can also prescribe the wrong dosage due to a breakdown in communication. For instance nurses might take a doctor’s prescription and read it incorrectly or a pharmacist could have a mistake while filling the prescription. In other instances doctors may delay administering the correct medication to the patient, which could result in their condition deteriorating.

To prevail in a malpractice lawsuit, a victim must demonstrate that the medical professional breached their duty of care and that their negligence directly led to the injuries. This requires the testimony of a medical expert. Moreover, a medical malpractice case must demonstrate the extent of the victim’s injuries as well as the damages they suffered because of the negligence. This includes the cost of treatment as well as any wage loss. The greater person’s losses are and the greater the value of the claim will be.

Incorrect Procedure

It might seem absurd that medical professionals would perform the wrong procedure on a patient however, this kind of thing can occur. A surgeon who makes this mistake could be held accountable for negligence. Patients who are injured due to an error during surgery may be held responsible for any negligence that occurred during the procedure.

Any health professional who is alleged to be negligent must prove that the patient was injured by a specific action or inaction. To establish this the legal team representing the patient must prove: (1) that the doctor was required to provide care or treat the patient; (2) that he violated his duty; (3) that a causal link exists between the breach and injury and (4) the harm results in damages that which the legal system may address.

A breach of the duty of care has no significance unless it causes injury, this is why medical malpractice claims are typically based on a legal doctrine known as “res ipsa loquitur.” This law says that, in a lot of instances certain injuries are so obvious and evident that they cannot be explained except by negligent actions.

Depending on the facts the plaintiff (the person who filed the claim or their legal representative) or their lawyer could decide to file the claim either in state or federal court. Most malpractice cases are filed in state courts, however in certain situations medical malpractice lawsuits may 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 in the event that the procedure is carried out in the wrong location of your body. This kind of error usually occurs as the result of miscommunication between members of a surgical team or production pressure that leads to an individual surgeon being assigned multiple surgeries at once. In these instances, a surgeon is not solely responsible for a wrong-site procedure because of a legal principle known as “res ipsa locquitur” which states that the result is a matter of fact and cannot be blamed on negligence.

If a patient gets injured during surgery that is performed on the wrong site, he or she may require additional procedures to repair problems caused by the surgical mistake. This could result in expensive medical expenses for patients and their families. These costs should be taken into consideration when calculating the financial consequences of medical malpractice claims.

Surgeons are usually held accountable for surgical errors as they are the ones who are responsible for getting ready for the procedure as well as double-checking the patient’s charts and medical records, coordinating effectively with other members of the medical team and making sure that the incision has been done at the correct place. In some cases hospitals or anesthesiologists can also be held liable. Medical malpractice cases are typically filed in state courts, however, in certain situations, they can be transferred to federal courts.