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Common Causes of Malpractice Litigation Malpractice litigation involves a complex process. Whether or not an error is considered to be malpractice is dependent on the ability of the patient to establish four legal elements that include a professional obligation; breach of this duty; injury resulting from the breach; and quantifiable damages. Plaintiffs must demonstrate these elements with evidence such as expert testimony, depositions and discovery. Misdiagnosis or Failure to Diagnose Inability to recognize an injury or illness correctly can result in serious complications, or even death. Misdiagnosis is a common cause of medical malpractice. To prove negligence, a person or their lawyer must show that a seasoned doctor in similar circumstances would not have misdiagnosed a condition. It is not always a case of negligence, but. Even experienced and highly trained doctors can make mistakes. Therefore, a claim of malpractice has to be backed by other elements such as breach, proximate cause and actual injury. If a doctor fails to sterilize his equipment before administering anesthesia, and the patient becomes infected as a result of this, the doctor might be found to be negligent. In the majority of cases, lawsuits alleging malpractice will be filed in the state trial court where the alleged misconduct occurred. However, federal courts may have jurisdiction in certain situations. For instance, a lawsuit could be filed in federal court if it is an issue regarding the time limit for filing a claim or when there is a substantial variety of citizenship among those involved in the dispute. Alternatively, some claims are resolved through binding arbitration that is voluntary. This is a less formal process which involves professionals who make the decisions. It is designed to minimize expenses, speed up the legal process, and remove the risks associated with large juries. However, arbitration is not accessible for all malpractice claims. 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 doctor who has submitted prescriptions in the wrong format, or giving the patient the wrong dosage. These mistakes are often avoidable. Based on the circumstances, a hospital or its staff, a pharmacist or other health professionals may be held liable for the injuries sustained by a patient who was given the wrong drug dosage. A doctor could prescribe wrong medication to a patient as a result of an inaccurate diagnosis or simply due to a misreading of the prescription. A health care professional may also administer the incorrect dosage because of a glitch in communication. For example, a nurse may interpret a doctor's prescription incorrectly or a pharmacist may make a mistake when filling the prescription. In other cases doctors may delay the administration of the correct medication to the patient, which could result in the patient's condition getting worse. A plaintiff must prove in order to win a malpractice claim, that the medical professional violated their standards of practice and that their injuries were directly attributed to the negligence. This requires medical expert testimony. Medical malpractice cases also must prove the extent and severity 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, the more valuable the claim will be. Wrong Procedure It may seem impossible for medical professionals to perform the wrong procedure on a patient however, this kind of thing occurs. A surgeon who makes this error could be held liable for malpractice. A patient who is injured due to an error during surgery may be held responsible for any error that occurred during the procedure. Any health professional who is alleged to be negligent must prove that the patient was hurt through a specific act or inaction. To establish this the legal team of the patient must show: (1) that the doctor was obligated to provide care or treat the patient; (2) that he failed to fulfill his obligation; (3) that a causal connection exists between the breach and injury and (4) the injuries result in damages that which the legal system may address. A breach of duty of care has no significance unless it results in injury. This is the reason medical malpractice cases tend to be dependent on the lawful doctrine "res ipsa locquitur" which says that certain injuries are so obvious that they can only be explained by negligence. Depending on the facts depending on the facts, the plaintiff (the person who filed the claim or their legal representative) or their attorney may decide to file a lawsuit in either state or federal court. The majority of malpractice cases are filed in state courts, but in certain circumstances the medical negligence lawsuit can be filed in federal district court. Wrong Surgery The wrong-site surgery is rare however, it could be a case of medical malpractice if the procedure is performed in the wrong location of your body. This kind of error is usually caused by a lack of communication between members of the surgical team, or production pressures that lead to surgeons having multiple surgeries scheduled at the same time. In these cases, a surgeon is not solely accountable for a mistaken-site procedure because of the legal principle of "res ipsa locquitur" which states that the result speaks for itself and cannot be blamed on negligence. If someone is injured during an improper procedure and is injured, they may require additional procedures in order to correct problems that were made worse by the mistake. This leads to costly medical expenses for patients and their families. It is crucial to take these costs into consideration when calculating the financial impact of medical malpractice lawsuits. The majority of times surgeons are held accountable for surgical errors. They are responsible in preparing the patient prior to surgery, reviewing the medical records and charts of the patient, communicating with the rest of the medical team, and ensuring that the incision was placed in the correct place. In some cases the hospital or anesthesiologist can also be held liable. Medical malpractice cases are typically filed in state courts, but in certain situations, they can be transferred to federal court.