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Common Causes of Malpractice Litigation

The process of bringing a malpractice lawsuit is a complex procedure. Whether or not an error constitutes malpractice depends on the ability of the patient to prove four legal elements: a professional duty; breach of this duty; harm due to the breach and the possibility of quantifiable damages.

Plaintiffs must also prove the elements by using evidence such as expert testimony and depositions.

Incorrect diagnosis or failure to diagnose

Failure to diagnose an illness or injury accurately can result in serious complications, or death. It is a typical cause of medical malpractice. To show negligence, the patient or their lawyer must demonstrate that a qualified doctor in similar circumstances would not have misdiagnosed a condition.

Misdiagnosis doesn't always mean negligence. Even highly skilled and experienced doctors make mistakes, and a claim of malpractice must be supported by other factors such as breach, proximate causation and actual injury. For instance, if a physician does not take the time to sterilize their equipment prior to giving anesthesia to a patient and they develop an infection because of it the doctor may be liable for malpractice.

In most cases, lawsuits alleging malpractice will be filed in the state trial court in which the alleged misconduct 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 the interpretation of a statute of limitations or when there is a substantial variation in the citizenship of those involved in the dispute. Certain disputes are settled via binding voluntary arbitration. This is a non-formal procedure that involves professional decision makers. It is designed to cut costs, expedite the legal process, and reduce the risks associated with large juries. Arbitration is not accessible in all cases of misconduct.

The wrong dosage of medication

Medication errors--also called medication mistakes--are among the most common causes of medical malpractice lawsuits. These errors could be caused by a doctor who has submitted a prescription in the wrong format or giving the patient the wrong dosage. These errors are often preventable. Depending on the circumstances the hospital, its staff, a pharmacist or other health care providers could be held accountable for the injuries sustained by a patient who was prescribed the wrong dosage of a drug.

A doctor may prescribe the wrong medicine because of a misdiagnosis or by simply making a mistake in the prescription. A health care provider can also administer the wrong dosage due to a breakdown in communication. For instance, a nurse may take a doctor's prescription and read it incorrectly or a pharmacist may have a mistake while filling the prescription. In other situations the doctor may delay administering the correct medication to the patient, resulting in their condition deteriorating.

To prevail in a malpractice lawsuit, a victim must demonstrate that the medical professional did not meet their standards of care and that the negligence directly caused their injuries. This requires medical experts to be able to testify. Medical malpractice cases also must prove the severity and damage of the victim's injuries. This includes the cost of treatment for the victim as well as any lost wages. In general, the greater a loss is then, the more valuable the claim will be.

Unskillful Procedure

It may seem impossible that medical professionals could perform the incorrect procedure on a patient, but this type of incident can occur. A surgeon who commits this error may be held to be liable for negligence. However those who are injured by a surgical mistake could also be held accountable for any negligence that occurred along the way to the procedure.

Any health professional who is accused of malpractice must show that the patient was hurt by a specific action or omission to act. To prove this, the patient's legal team must demonstrate that: (1) the doctor was bound by the obligation to provide medical care or treatment; (2) that the doctor breached the duty of care; (3) that there is a direct causal link between the breach and the injury and (4) that the injury causes damages that the legal system is able to be able to address.

A breach of the duty of care is insignificant unless it causes injury which is the reason medical malpractice claims are usually made based on a law known as "res ipsa loquitur." This law says that, in a majority of cases certain injuries are obvious and recognizable that they cannot be explained except by negligence.

Based on the facts of the situation, the plaintiff (the patient or their legally designated representative) or their attorney may bring the case in federal or state court. Most malpractice attorneys cases are filed in state courts, however in certain situations, a medical malpractice lawsuit could be filed in federal district court.

Wrong Surgery

The procedure that is performed on the wrong site is not common however, it could be a case of medical malpractice when the procedure is performed in the wrong location of your body. This kind of error is often caused by miscommunications between members of the surgical team, or pressures in the production process that result in a surgeon having multiple surgeries assigned at once. In these situations the surgeon is not solely responsible for a wrong-site procedure due to 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 a patient is injured during an improper procedure it is possible that the patient will require additional procedures to rectify problems that were made worse by the mistake. This can result in high medical expenses for patients and their families. It is important to take these costs into consideration when calculating the financial burden of medical malpractice claims.

Most often, surgeons are held responsible for surgical mistakes. They are responsible in preparing the patient prior to the procedure, checking the medical records and chart of the patient, communicating with the rest of the medical staff, and ensuring that the incision was made at the right place. However, in some cases a hospital or anesthesiologist may be held accountable. Medical malpractice claims are generally filed in state courts, however, under certain circumstances, they can be transferred to federal courts.