Common Causes of Malpractice Litigation Malpractice litigation can be a difficult procedure. The degree to which an error is considered to be malpractice is dependent on whether the patient can prove four legal elements such as a professional duty; breach of this duty; harm resulted from the breach and quantifiable damages. Plaintiffs must also prove the facts using evidence like expert testimony and depositions. The wrong diagnosis or the inability to diagnose The failure of a physician to correctly diagnose an illness or injury could lead to grave complications, or even death. The misdiagnosis of a patient is a frequent cause of medical malpractice. To prove negligence, a person or their lawyer must show that a skilled doctor in similar circumstances would not have misdiagnosed an illness. Misdiagnosis does not always constitute negligence. Even the most experienced and highly trained doctors make mistakes, and any claim of malpractice has to be backed by other elements like breach, proximate causation, and actual injury. If a doctor fails to sterilize his equipment before administering anesthesia, and the patient gets infected because of this, the doctor may be found to be negligent. In most instances, lawsuits claiming malpractice will be filed in the state trial court where the alleged malpractice took place. However, federal courts might have jurisdiction in certain situations. A case may be brought before a federal court under certain circumstances. For instance it could be an issue regarding a statute of limitation or in the event that the parties have different nationalities. Certain claims are settled through arbitration that is binding and voluntary. This is a less formal procedure which involves professional decision makers and is intended to save costs, speed up legal proceedings, and eliminate the risk of overly generous juries. Arbitration is not available in all cases of malpractice. Wrong Drug Dosage Medication errors, also referred to as medication mistakes, are one of the most common causes of medical malpractice suits. They can involve a physician writing a prescription that is not correct or giving the wrong dosage to the patient. These errors are usually avoidable. In certain circumstances, a hospital or its staff, a pharmacist or other health care providers could be held accountable for the injuries of patients who were given the wrong dose of medication. A doctor may prescribe the incorrect medication to a patient because of an inaccurate diagnosis or simply due to a misreading of the prescription. A health professional could also administer the wrong dosage because of an issue with communication for example, when a nurse reads the handwritten prescription of a doctor incorrectly or the pharmacist makes an error in filling the prescription. In other cases, the physician may delay the proper medication, which could cause the patient's condition to worsening. To be successful in a malpractice case, a victim must establish that the medical professional acted in breach of their standards of care and that negligence directly caused their injuries. This requires the testimony of a medical expert. Moreover, a medical malpractice claim must establish the extent of the victim's injuries as well as the damages they sustained because of the negligence. This includes the cost of treatment as well as any lost wages. Generally, the greater a person's losses are and the greater the value of the claim will be. Incorrect Procedure It might seem absurd that medical professionals could perform the wrong procedure on a patient, however, this kind of thing occurs. The surgeon who commits 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 on the way to the procedure. Any health professional who is accused of malpractice must prove that the patient was harmed due to a specific act or inaction. To prove this, the legal team representing the patient must show: (1) that the doctor had a responsibility to provide care or treat the patient; (2) that he violated his duty; (3) that a causal link exists between the breach and the injury and (4) the harm results in damages that the legal system could address. A breach of duty of care has no significance unless it results in injury. This is why medical malpractice cases are typically dependent on the lawful doctrine "res ipsa locquitur," which says that certain injuries are so obvious that they can only be explained by negligence. Based on the circumstances depending on the facts, the plaintiff (the person who filed the claim, or their legal representative) or their lawyer can decide to file the claim in state or federal court. Most malpractice cases are filed in state court. However, in certain situations the medical malpractice lawsuit can be brought in federal district court. Wrong Surgery The wrong-site surgery is rare, but can be considered medical malpractice when the procedure is done in the wrong place on your body. This kind of error is often the result of miscommunication between the members of a surgical team or production pressure that leads to a surgeon being assigned multiple surgeries at one time. In these cases the surgeon isn't all-in on his responsibility for a surgery that was performed on the wrong site since there is the legal principle known as "res ipsa loquitur" which means that the result of the error speaks for itself and cannot be traced to negligence. If an individual is injured in an improper procedure and is injured, they may need additional procedures to correct issues that were caused due to the error. This could result in expensive medical expenses for patients as well as their families. It is crucial to keep these costs in mind when calculating the financial burden of medical malpractice claims. Most often surgeons are accountable for surgical errors. They are responsible for preparing the patient for the procedure, examining the medical records and chart of the patient, communicating with the medical staff, and making sure that the incision was placed at the correct location. In certain instances an anesthesiologist or hospital could also be held accountable. Medical malpractice lawsuits are usually filed in state courts. However, in certain situations, they can be transferred to federal court.