Common Causes of Malpractice Litigation The legal process for defending malpractice is a complex procedure. The degree to which an error constitutes malpractice depends on whether the patient can prove four legal elements which include professional duty breach of this duty; injury resulted from the breach and damages that can be quantifiable. Plaintiffs must also prove the elements by using evidence, such as expert testimony and depositions. Incorrect diagnosis or failure to diagnose A physician's inability to accurately diagnose a disease or injury can lead to grave complications, or even death. It is a typical reason for medical negligence. To prove negligence the patient or their attorney must prove that a competent physician under similar circumstances and in the same specialty would not have misdiagnosed the problem. There are many misdiagnosis that could be considered malpractice, however. Even the most skilled and trained doctors make mistakes, and a claim of malpractice must be backed by other elements like breach, proximate causation and actual injury. If a doctor fails sterilize his equipment prior the time he administers anesthesia and the patient develops an infection because of this, the doctor might be held accountable. Lawsuits that claim malpractice are usually filed in state trial courts, where the alleged malpractice occurred. However, federal courts may have jurisdiction under limited circumstances. A case can be brought before federal court in certain circumstances. For instance it could be a dispute about the statute of limitations or if the parties are of different nationalities. Alternatively, some claims are resolved through binding arbitration that is voluntary. This is a less formal process that is governed by professional decision makers. It is designed to minimize costs, expedite the legal proceedings, and eliminate the risks associated with large juries. Arbitration is not available in all instances of misconduct. Dosage for a drug that is not correct Medication errors--also called medication mistakes--are among the most common causes of medical malpractice lawsuits. These errors can be caused by a physician submitting a prescription in the wrong format, or giving the patient the incorrect dosage. These errors are usually avoidable. According to the situation the situation, a pharmacist, a hospital or other health care providers could be held accountable for the injuries caused by an individual who took the wrong dose of a medication. A doctor might prescribe the wrong medicine because of a misdiagnosis, or simply failing to read the prescription. A health care professional could also administer the wrong dose due to an interruption in communication, such as when a nurse reads the handwritten prescription of a doctor incorrectly or the pharmacist makes a mistake in filling the prescription. In other cases the doctor may delay delivering the correct medication, which can lead to the patient's condition worsening. To be successful in an action for malpractice, a victim must demonstrate that the medical professional acted in breach of their standards of care and that the negligence directly caused their injuries. This requires testimony from a medical expert. Moreover, a medical malpractice claim must establish the extent of the injuries suffered by a victim and the damages they suffered as a result of the negligence. This includes the cost of treatment for the victim as well as any lost wages. The more the loss the greater the value of the claim. The wrong procedure It might seem unlikely that medical professionals could perform the wrong procedure on a patient, however, this type of event occurs. A surgeon who makes this error can be found liable for malpractice. However patients who are injured by a surgical mistake could also be held responsible for any negligence that occurred on the path to the procedure. Any health professional who is accused of malpractice must prove that the patient was harmed by a specific act or failure to act. To prove this the legal team representing the patient must prove 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 can be able to address. A breach of duty of care is no value unless it results in injury. This is the reason medical malpractice cases are often based on the legal doctrine "res ipsa locquitur," which states that certain injuries are so obvious that they can only be explained through negligence. Based 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 the case either in state or federal court. The majority of malpractice cases are filed with state courts, but in certain situations the case of medical negligence can be filed in federal district court. Wrong Surgery Wrong-site surgery is a rare error, but it could be considered medical malpractice if the procedure is performed on the wrong side of the body. This kind of error is typically caused by a lack of communication between the members of a surgical team or production pressure that leads to an individual surgeon being assigned multiple surgeries at one time. In these cases, the surgeon is not the only one with responsibility for a surgery that was performed on the wrong site because there is an underlying legal principle referred to as "res ipsa loquitur" which means that the effect of the error is evident and cannot be traced to negligence. If an individual is injured in an operation that was performed on the wrong site and is injured, they may require additional procedures to rectify issues that were caused by the error. Patients and their families are left with expensive medical bills. It is important to keep these costs in mind when calculating the financial impact of medical malpractice lawsuits. The majority of times, surgeons are held responsible for surgical mistakes. They are responsible to prepare the patient for the procedure, as well as checking the medical records and charts of the patient, communicating with the medical personnel, and ensuring that the incision was placed at the correct location. In some cases hospitals or anesthesiologists could also be held accountable. Medical malpractice claims are typically filed in state court, but may be transferred in certain circumstances to federal court.