Common Causes of Malpractice Litigation

Malpractice litigation is a tense process. If a patient can demonstrate four elements, it will decide whether or not the mistake is a case of malpractice. These are professional obligations and a breach of that obligation; an injury that results from the breach; and quantifiable damages.

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

Incorrect diagnosis and inability to diagnose

A physician's inability to correctly diagnose an illness or injury could result in grave complications, or even death. A large number of medical Tolleson Malpractice Law firm cases involve mistaken diagnosis. To establish negligence, a patient or their lawyer needs to prove that a skilled doctor in similar circumstances would not have misdiagnosed a problem.

Not every misdiagnosis is malpractice, however. Even the most experienced and highly trained doctors make mistakes. Therefore, an allegation of malpractice needs to be supported by other elements such as breach, proximate causation and actual injury. For example If a doctor fails to properly sterilize their equipment prior to administering anesthesia and the patient develops an infection in the process the doctor may be guilty of malpractice.

The majority of lawsuits involving malpractice are filed in state trial courts where the alleged malpractice took place. However, federal courts might have jurisdiction in certain situations. For instance, a claim may be brought in federal court if there is disputes over the statute of limitations or when there is a significant diversity of citizenship of the parties to the case. Alternatively, some claims are resolved through binding arbitration that is voluntary. This is a less formal procedure which involves professionals who make the decisions. It is designed to reduce costs, expedite the legal proceedings, and eliminate the risk of overly large juries. Arbitration is not accessible in all cases of malpractice.

The wrong dosage of medication

Medication errors, also referred to as medication errors are among the main reasons for medical malpractice lawsuits. These errors can be caused by a doctor writing prescriptions in the wrong format or giving the patient the wrong dosage. These errors are typically preventable. Based on the circumstances, a hospital or its staff, a pharmacist or other health care providers could be held accountable for the harms suffered by a patient who was prescribed the wrong dosage of a drug.

A doctor could prescribe the wrong drug because of a misdiagnosis. Or, simply failing to read the prescription. A health professional could also prescribe the wrong dosage because of an interruption in communication, such as when nurses read a doctor's handwritten script incorrectly or the pharmacist is mistaken in filling the prescription. In other situations, a doctor could delay the proper medication to the patient, which could result in the patient's condition getting worse.

To prevail in an action for malpractice, a victim must demonstrate that the medical professional did not meet their standard of care and that the negligence directly caused their injuries. This requires medical experts to be present. Additionally, a medical malpractice case must demonstrate 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 wage. The more loss you suffer is, the more valuable of the claim.

Unskillful Procedure

This kind of situation is not uncommon. It might seem unattainable for medical professionals to perform the incorrect procedure on patients however, it happens. A surgeon who makes this error could be held accountable for negligence. However patients who are injured due to a surgical error could also be held accountable for any negligence that occurred the way to the procedure.

Any health professional who is accused of misconduct must show that the patient was injured by a specific action or inaction. To establish this the legal counsel of the patient must prove 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 causal link 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 has no meaning unless it results in injury. This is the reason medical malpractice cases are often based on the legal doctrine "res ipsa locquitur" which says that certain injuries are so obvious that they can only be explained through negligence.

Depending on the circumstances, the plaintiff (the person who filed the claim, or their legal representative) or their attorney may choose to file in federal or state court. The majority of malpractice cases are filed with state courts, but in certain circumstances, a medical negligence lawsuit may be filed in federal district court.

Wrong Surgery

A wrong-site procedure is a rare error, but it could be considered medical malpractice when the procedure is performed on the wrong side of the body. This kind of error usually occurs as 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 the same time. In these situations the surgeon is not solely accountable for a mistaken-site procedure due to a legal principle known as "res ipsa locquitur" which states that the outcome is a matter of fact and cannot be attributed to negligence.

If the patient is injured during an incorrect procedure and is injured, they may require additional procedures to fix problems that were made worse due to the error. This leads to costly medical expenses for patients and their families. It is essential to consider these costs when calculating the financial costs of medical malpractice lawsuits.

Surgeons are usually found to be responsible for surgical mistakes since they are the ones who are accountable for preparing for the operation by double-checking patient's chart and medical records, communicating 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 held responsible. Medical malpractice claims are usually filed in state courts. However, under certain circumstances they may be transferred to federal court.