Common Causes of Malpractice Litigation

The process of bringing a malpractice lawsuit is a complex procedure. If a person can prove four elements, it will decide whether or not the error is a case of malpractice. These are: a professional obligation; a breach of that duty; an injury resulting from the breach; and quantifiable damage.

Plaintiffs must also prove these elements by presenting evidence such as expert testimony, depositions, and discovery.

The wrong diagnosis or the inability to diagnose

The inability of a doctor to accurately diagnose a disease or injury could lead to serious complications or even death. Many medical malpractice cases involve mistakes in diagnosis. To prove negligence, the patient or their attorney must demonstrate that a competent physician under similar circumstances and in the same area would not have misdiagnosed the problem.

Every misdiagnosis can be considered to be negligence, but. Even highly-trained and experienced doctors can make mistakes. Therefore, any claim of malpractice must be supported with other elements such as breach, proximate causes and actual injury. For example If a doctor does not properly clean their equipment prior the time they administer anesthesia and the patient develops an infection because of it the doctor could be guilty of malpractice attorney.

Lawsuits alleging malpractice are typically filed in state trial courts where the alleged error malpractice lawsuit occurred. However, federal courts might be able to hear cases in specific circumstances. For instance, a lawsuit could be filed in federal court if there is an issue regarding the time limit or when there is a significant difference in citizenship among those involved in the dispute. In other cases, certain claims are settled through voluntary binding arbitration. This is a less formal procedure with professional decision makers. It is designed to cut costs, expedite legal proceedings, and eliminate the risk of overly generous juries. However, arbitration isn't accessible for all claims of malpractice.

Dosage of a drug that is incorrect

Medication errors are one of the most frequent causes of medical malpractice lawsuits. They can involve a physician writing a prescription that is not correct or administering the wrong dosage to a patient. These errors are often preventable. According to the circumstances the situation, a pharmacist, a hospital or other health care provider could be held accountable for the harm caused by a patient who received 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 may also administer the wrong dosage because of an interruption in communication for example, when nurses read the handwritten prescription of a doctor incorrectly or the pharmacist makes an error in filling the prescription. In other instances, a physician might delay the administration of the correct medication to the patient, which could result in their condition becoming worse.

To prevail in a malpractice lawsuit, a victim must prove that the medical professional violated their duty of care and malpractice lawsuit that their negligence directly led to the injuries. This requires medical expert testimony. Moreover, a medical malpractice claim must establish the extent of a victim's injuries and the damages they suffered because of the negligence. This includes the costs of treatment for the victim as well as any lost wages. The more the loss of the claim, the greater the value of the claim.

Wrong Procedure

It's not likely for medical professionals to perform the incorrect procedure on a patient however, this type of event is quite common. If a surgeon makes this mistake could be held accountable for malpractice. However the patient who is injured by a surgical mistake may also be held liable for any negligence that occurred on the path to the procedure.

Any health professional who is accused of negligence must show that the patient was injured by a specific action or failure to act. To prove this the legal team representing the patient must demonstrate 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 results in damages that the legal system can resolve.

A breach of duty of care has no meaning unless it result in injury. This is the reason why medical malpractice cases are typically based on the legal doctrine "res ipsa locquitur," which says that certain injuries are so obvious they can be explained only by negligence.

Depending on the circumstances of the case, the plaintiff (the patient or their legally appointed representative) or their attorney could make the claim in a state or federal court. The majority of malpractice cases are filed in state court, however under certain circumstances, a medical malpractice lawsuit could be filed in federal district court.

Wrong Surgery

Wrong-site surgery is a rare mistake, but it could be considered medical malpractice when the procedure is performed on the wrong side of the body. This type of error is usually due to miscommunication between members of a surgical team, or production pressure that results in an individual surgeon being assigned multiple surgeries simultaneously. In these instances, the surgeon is not all-in on his responsibility for a surgical error that is not performed correctly due to an underlying legal principle referred to as "res ipsa loquitur" which means that the effect of the error speaks for itself and cannot be traced to negligence.

If someone is injured during a wrong-site procedure the patient may require additional procedures in order to correct problems that were aggravated by the mistake. This leads to costly medical expenses for the patient and their families. It is essential to consider these costs when calculating the financial impact of medical malpractice lawsuits.

Most often surgeons are liable for surgical mistakes. They are responsible for preparing the patient for the procedure, as well as checking the medical record and chart of the patient, communicating with the rest of the medical personnel, and ensuring that the incision was made at the right place. In certain instances hospitals or anesthesiologists can also be held liable. Medical malpractice claims are typically filed in state court, but they may be transferred under certain circumstances to federal court.