Common Causes of Malpractice Litigation The legal process for defending malpractice is a complex procedure. The question of whether or not an error constitutes malpractice depends on whether the patient is able to establish four legal elements that include a professional obligation and breach of this duty; injury resulting from the breach; and quantifiable damages. Plaintiffs must also prove these elements by presenting evidence like expert testimony, depositions, and discovery. Undiagnosed or Incorrectly Diagnosed Inability to recognize an injury or illness accurately can result in serious complications, or death. Many medical malpractice cases result from misdiagnosis. To prove negligence, a patient or their lawyer must prove that an experienced doctor in similar circumstances would not have misdiagnosed a problem. The misdiagnosis of a patient does not always mean negligence. Even highly skilled and experienced doctors make mistakes. Therefore, any claim of malpractice has to be supported by other elements such as breach, proximate causation and actual injury. For example the case where a physician does not take the time to sterilize their equipment before administering anesthesia and the patient develops an infection because of it the doctor may be found to be negligent. In most instances, lawsuits claiming that there was a mistake will be filed in the state trial court where the alleged error occurred. Federal courts can be able to handle the case in certain situations. A case may be brought before a federal court in certain circumstances. For instance, it may involve the issue of a statute of limitation or if the parties are of different nationalities. Some claims can be resolved through binding arbitration that is 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 that comes with large juries. However, arbitration is not available for all malpractice claims. Dosage for a drug that is not correct Medication errors--also called medication mistakes--are one of the most frequent causes of medical malpractice lawsuits. These errors can be caused by a doctor writing prescriptions in a wrong format or giving the patient the incorrect dosage. These errors are typically preventable. Based on the circumstances, a pharmacy, a hospital or other health care provider could be held accountable for the injuries caused by an individual who took the wrong dose of a drug. A doctor might prescribe the wrong medication to a patient because of an inaccurate diagnosis or simply because he/she misreads the prescription. A health professional could also administer the wrong dosage due to an inability to communicate for example, when a nurse reads the doctor's handwritten prescription incorrectly or the pharmacist commits an error in filling out the prescription. In other instances the doctor may delay giving the correct medication, which can cause the patient's condition to getting worse. A victim must prove, in order to win a malpractice lawsuit, that the medical professional violated their professional standards and that their injuries were directly caused by the negligence. This requires medical experts to testify. A medical malpractice case also must prove the extent and damage of the victim's injuries. This includes the costs of treatment as well as any lost wages. The more loss you suffer of the claim, the greater the value of the claim. Unskillful Procedure This type of incident is not unusual. It might seem impossible for medical professionals to carry out the incorrect procedure on patients, but it does happen. If a surgeon makes this error may be held liable for negligence. However the patient who is injured by a surgical mistake could also be held responsible for any negligence that occurred the path to the procedure. Any health care professional who is accused of malpractice must show that the patient was harmed through a specific act or failure to act. To establish this, the patient's legal team must show that: (1) the doctor was in the obligation to provide medical care or treatment; (2) that the doctor violated that duty; (3) that there is a direct and causal connection between the breach and the injury; and (4) that the injury causes damages which the legal system has the power to deal with. A breach of duty of care is no meaning unless it results in injury. This is the reason why medical malpractice cases are typically based on the legal doctrine "res ipsa locquitur," which states that certain injuries are so obvious they can be explained only by negligence. Depending 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 cases are filed in state court, however in certain situations medical malpractice lawsuits could be filed in federal district court. Wrong Surgery Wrong-site surgery is a rare error, but it could be considered medical malpractice when the procedure is performed on the wrong side of the body. This type of error is usually caused by a lack of communication between the surgical team, or by production pressures that lead to the surgeon performing multiple surgeries scheduled at the same time. In these instances the surgeon isn't solely responsible for a misplaced procedure due to the legal principle of "res ipsa locquitur", which states that the result speaks for itself and cannot be attributed to negligence. When a patient is injured during surgery that is performed on the wrong site the patient may require additional treatments to correct issues that were caused by the surgical mistake. This can result in high medical expenses for patients and their families. These expenses must be considered when calculating the financial impact of medical malpractice claims. Surgeons are typically found to be responsible for surgical mistakes as they are the ones who are accountable for making preparations for the operation as well as double-checking the patient's charts and medical records, coordinating effectively with other members of the medical team and making sure the incision is placed at the right place. In some instances, hospitals or anesthesiologists may also be accountable. Medical malpractice claims are usually filed in state courts, but under certain circumstances, they can be transferred to federal court.