Common Causes of malpractice attorney Litigation

Malpractice litigation is a complex procedure. If an error constitutes malpractice depends on the ability of the patient to establish four legal elements such as a professional duty; breach of this duty; injury resulting from the breach; and tangible damages.

Plaintiffs must also prove the elements by using evidence, such as expert testimony and depositions.

The wrong diagnosis or the inability to diagnose

The inability of a doctor to correctly diagnose an illness or injury can lead to grave complications, or even death. Incorrect diagnosis is a common reason for malpractice lawsuit medical malpractice. To prove negligence the patient or their attorney must prove that a competent physician under similar circumstances and working in the same specialty would not have misdiagnosed the problem.

Not every misdiagnosis is negligence, but. Even experienced and highly trained doctors can make errors. Therefore, any claim for malpractice must be supported with other elements, such as breach, proximate cause and actual injury. If a doctor fails sterilize his equipment prior the time he administers anesthesia, and the patient becomes infected due to this, the doctor may be held accountable.

Lawsuits alleging malpractice are typically filed in state trial courts where the alleged misconduct occurred. Federal courts can however have jurisdiction in certain circumstances. A case may be brought before a federal court under certain circumstances. For instance it could involve disputes over a statute of limitation or in the event that the parties have different citizenships. Alternatively, some claims are resolved through binding arbitration that is voluntary. This is a less formal process that involves professionals who make the decisions. It is intended to save costs, expedite legal proceedings, and eliminate the possibility of excessively generous juries. However, arbitration isn't available for all claims of malpractice attorneys.

Wrong Drug Dosage

Medication errors, also referred as medication mistakes, are one of the main reasons for medical malpractice lawsuits. These errors could be caused by a physician who writes prescriptions in the wrong format, or giving the patient the wrong dosage. These mistakes are usually preventable. Based on the circumstances an individual pharmacy, hospital or other health care providers could be held accountable for the harm caused by a patient who was given the wrong dose of a medication.

A doctor may prescribe the incorrect medication to a patient as a result of an inaccurate diagnosis or simply because they misread the prescription. A health professional could also prescribe the wrong dosage due to a failure in communication. For example nurses may not read a doctor's prescription correctly or a pharmacist could make a mistake when filling the prescription. In other cases the doctor may delay the administration of the correct medication, which can cause the patient's illness to worsening.

A person seeking compensation must prove, in order to win a malpractice lawsuit, that the medical professional breached their standard of practice and that their injuries were directly attributed to the negligence. This requires medical experts to provide evidence. A medical malpractice case must establish the extent and severity of the victim's injuries. This includes the costs of a person's treatment and any lost wages. The greater the loss of the claim, the greater the value of the claim.

The wrong procedure

This kind of incident is not uncommon. It might seem impossible for medical professionals to perform the incorrect procedure on patients, however, it is a reality. The surgeon who commits this kind of error could be held liable for malpractice. If a patient is injured because of an error in surgery could be held liable for any error that occurred during the procedure.

A medical professional accused of malpractice must demonstrate that a patient was injured by an act or failure to act. To establish this the legal team representing the patient must demonstrate that: (1) the doctor was bound by an obligation to provide care or treatment; (2) that the doctor breached this duty; (3) that there is a direct causal relationship between the breach and the injury and (4) that the injury causes damages that the legal system is able to be able to address.

A breach of the duty of care is not relevant unless it causes injury, this is why medical malpractice claims are usually made based on a law known as "res ipsa loquitur." This law states that, in a lot of instances certain injuries are so obvious and evident that they can only be explained through negligent acts.

Depending on the facts of the case, the plaintiff (the patient or their legally designated representative) or their lawyer may make the claim in a federal or state court. Most malpractice cases are filed in state court. However, in certain situations, a medical malpractice lawsuit could 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 area of your body. This kind of error is often the result of miscommunication between members of a surgical team, or production pressure that results in an individual surgeon being assigned multiple surgeries at once. In these situations, the surgeon is not alone in his or her responsibility for an incorrect-site procedure because there is a legal principle called "res ipsa loquitur" which means that the result of the error speaks for itself and can only be attributed to negligence.

If a patient is injured during a wrong-site procedure, he or her may require additional procedures to rectify problems that were aggravated by the error. Patients and their families are left with expensive medical bills. These expenses should be taken into consideration when calculating the financial impact of medical malpractice lawsuits.

Most often surgeons are held accountable for surgical errors. They are responsible for preparing the patient for the procedure, checking the chart and medical records of the patient, communicating with the medical staff, and making sure that the incision was placed in the correct place. In certain instances an anesthesiologist or hospital can also be held liable. Medical malpractice claims are generally filed in state courts. However, in certain situations, they can be transferred to federal court.