Common Causes of Malpractice Litigation Malpractice litigation is a complicated procedure. Whether or not an error is malpractice based on whether the patient can establish four legal elements that include a professional obligation breach of this duty; injury due to the breach and the possibility of quantifiable damages. Plaintiffs must be able to prove the elements using evidence such as expert testimony and depositions. Incorrect diagnosis or failure to diagnose Failure to identify an illness or injury accurately can cause serious complications, or death. It is a typical cause of medical malpractice. To prove negligence, the patient or their lawyer must demonstrate that a competent doctor in similar circumstances and in the same specialty would not have misdiagnosed the condition. Misdiagnosis does not always constitute negligence. Even highly trained and experienced doctors make mistakes, so an allegation of malpractice needs to be backed by other elements like breach, proximate causality and actual injury. For instance when a doctor does not properly sterilize their equipment prior to giving anesthesia and the patient develops an infection because of it the doctor may be liable for malpractice. In the majority of cases, lawsuits that allege malpractice will be filed in the state trial court in which the alleged misconduct occurred. Federal courts can, however, have jurisdiction in certain situations. A case may be brought before a federal court under certain circumstances. For instance, it may involve disputes over the statute of limitations or when the parties have different citizenships. Certain disputes are settled through arbitration that is binding and voluntary. This is a non-formal procedure that is governed by professional decision makers. It is designed to minimize costs, speed up legal process, and reduce the risks associated with large juries. Arbitration is not available in all instances of misconduct. The wrong dosage of medication Medication errors, also known as medication mistakes, are one of the main causes of medical malpractice lawsuits. They can be the result of a doctor prescribing the wrong medication or giving the wrong dosage to patients. These mistakes are often avoidable. In certain circumstances the hospital or its staff, pharmacist or other health care providers could be held accountable for the injuries sustained by the patient who received the wrong drug dosage. A doctor may prescribe the wrong medication as a result of a misdiagnosis, or simply failing to read the prescription. A health care professional may also administer the wrong dosage because of a glitch in communication. For example nurses may interpret a doctor's prescription incorrectly or a pharmacist may fail to fill the prescription. In other cases the doctor may delay the proper medication, which could lead to the patient's condition getting worse. In order to be successful in a malpractice lawsuit, a victim must establish that the medical professional violated their standard of care, and that the negligence directly contributed to their injuries. This requires testimony from a medical expert. Moreover, a medical malpractice case must prove the extent of the injuries suffered by a victim and the damage they sustained as a result of the negligence. This includes the cost of treatment as well as any lost wage. The more loss you suffer is, the more valuable of the claim. Wrong Procedure This kind of situation is not unusual. It might seem impossible for medical professionals to perform the incorrect procedure on patients, however, it is a reality. The surgeon who makes this mistake could be held liable for negligence. However, a patient who is injured due to a surgical error can also be held accountable for any negligence that occurred during the process. Any health care professional who is alleged to be negligent must show that the patient was hurt through a specific act or omission to act. To prove this, the legal team representing the patient must demonstrate: (1) that the doctor was legally obligated to provide care or treat the patient; (2) that he violated his duty; (3) that a causal connection exists between the negligence and injury and (4) the injury causes damages that the legal system can deal with. A breach of the duty of care is insignificant unless it causes injury that's why medical malpractice claims are usually based on a legal doctrine called "res ipsa loquitur." This law says that, in the majority of cases certain injuries are so obvious and recognizable that they cannot be explained except by negligent actions. Depending on the circumstances of the case, the plaintiff (the patient or their legally designated representative) or their lawyer may file the claim in federal or state court. The majority of malpractice cases are filed in state courts, however in certain circumstances the case of medical negligence could be filed with a 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 type of mistake is usually the result of miscommunications between the surgical team or production pressures that result in surgeons being assigned multiple surgeries assigned at once. In these instances, the surgeon is not solely responsible for his or her responsibility for a surgical error that is not performed correctly because there is an underlying legal principle referred to as "res ipsa loquitur" which means that the outcome of the error speaks for itself and cannot be traced to negligence. If an individual is injured in an improper procedure the patient may require additional procedures to fix problems that were aggravated by the error. This can result in high medical expenses for patients as well as their families. This expense should be taken into consideration when calculating the financial consequences of medical malpractice claims. The majority of times surgeons are accountable for surgical mistakes. They are accountable for preparing the patient for surgery, reviewing the chart and medical records of the patient, communicating with the rest of the medical staff, and making sure that the incision was made in the proper location. In some instances hospitals or anesthesiologists may also be held responsible. Medical malpractice lawsuits are typically filed in state court but they may be transferred under certain circumstances to federal court.