Common Causes of Malpractice Litigation

Malpractice litigation involves a complex process. If a patient can demonstrate four elements, it will be able to determine whether or not the error is malpractice attorneys. These are the following: a professional obligation in breach of this obligation; a repercussion from the breach; and quantifiable damage.

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

The wrong diagnosis and the inability to recognize

A physician's inability to correctly diagnose an illness or injury can lead to serious complications or even death. Incorrect diagnosis is a common cause of medical negligence. To prove negligence the patient or their lawyer must demonstrate that a competent physician under similar circumstances and working in the same specialty would not have misdiagnosed the problem.

Not every misdiagnosis is an error, but. Even highly skilled and experienced doctors make mistakes, therefore a claim of malpractice must be backed by other elements such as breach, proximate cause and actual injury. If a doctor fails to sterilize his equipment prior the time he administers anesthesia, and the patient is infected due to this, the doctor might be guilty.

In most instances, lawsuits claiming malpractice will be filed in the state trial court in which the alleged error occurred. Federal courts can be able to handle the case in certain situations. For instance, a case could be filed in federal court if it is a dispute over a statute of limitations or in the event of a significant diversity of citizenship of the parties to the case. Some claims can be settled through voluntary binding arbitration. This is a non-formal procedure that involves professional decision makers. It is designed to minimize costs, expedite the legal proceedings, and eliminate the risks associated with large juries. Arbitration is not accessible in all cases of misconduct.

Dosage for a drug that is not correct

Medication errors--also called medication mistakes--are one of the most common causes of medical malpractice lawsuits. These errors could be caused by a doctor writing prescriptions in the wrong format, or malpractice giving the patient the wrong dosage. These errors are generally preventable. Based on the circumstances, a hospital staff member, a pharmacist or other health care professionals may be held liable for the injuries sustained by patients who were given the wrong dose of medication.

A doctor may prescribe the wrong medication as a result of a misdiagnosis or simply failing to read the prescription. A health professional can also prescribe the wrong dosage due to a failure in communication. For instance, a nurse 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 delivering the correct medication, which could lead to the patient's condition worsening.

In order to be successful in a malpractice case, a victim must prove that the medical professional violated their standard of care, and that the negligence directly caused the injuries. This requires medical experts to be able to testify. A medical malpractice case must establish the extent and severity of the victim's injuries. This includes the cost of treatment and any lost wages. In general, the greater a person's losses are then, the more valuable the claim will be.

Unskillful Procedure

This type of incident is not uncommon. It may seem like a challenge for medical professionals to carry out the incorrect procedure on patients, however, it is a reality. The surgeon who commits this error may be held accountable for malpractice. However the patient who is injured as a result of a surgical error could also be held accountable for any negligence that occurred on the way to the procedure.

Any health professional who is alleged to be negligent must show that the patient was hurt by a specific act or inaction. To establish this the legal team of the patient must demonstrate that: (1) the doctor was bound by an obligation to provide treatment or treatment; (2) that the doctor breached this duty; (3) that there is a direct causal connection between the breach and the injury; and (4) that the injury causes damages that the legal system can deal with.

A breach of the duty of care has no significance unless it causes injury, that's why medical malpractice lawsuits are generally based on a legal doctrine called "res ipsa loquitur." This law says that, in a lot of instances, certain injuries are so obvious and unmistakable that they can only be explained by negligent actions.

Depending on the facts of the situation, the plaintiff (the patient or their legally appointed representative) or their attorney may present the claim to federal or state court. Most malpractice cases are filed in state court, however under limited circumstances the medical malpractice lawsuit can be brought 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 type of mistake is often caused by miscommunications between members of the surgical team, or by production pressures that lead to a surgeon having multiple surgeries at once. In these cases the surgeon is not solely responsible for a misplaced procedure because of the legal principle known as "res ipsa locquitur" which says that the outcome speaks for itself and cannot be blamed on negligence.

If a patient gets injured by wrong-site surgery the patient may require additional procedures to correct problems exacerbated due to the surgical error. This results in costly medical bills for patients and their families. These expenses should be taken into consideration when calculating the financial impact of medical malpractice claims.

The majority of times, surgeons are held responsible for surgical errors. They are responsible for preparing the patient for the procedure, as well as checking the medical records and chart of the patient, communicating with the medical team, and ensuring that the incision was made at the correct location. However, in certain instances an anesthesiologist or a hospital could also be liable. Medical malpractice cases are usually filed in state court, Malpractice but they may be transferred under certain circumstances to federal court.