Common Causes of Malpractice Litigation

Malpractice litigation is a complicated procedure. If the error constitutes malpractice depends on whether the patient is able to prove four legal elements such as a professional duty and breach of this duty; injury resulted from the breach and damages that can be quantifiable.

Plaintiffs must also prove these elements with evidence such as expert testimony, depositions, or discovery.

Incorrect diagnosis and failure to diagnose

Inability to recognize an illness or injury accurately can cause serious complications, or death. Many medical malpractice cases involve mistakes in diagnosis. To establish negligence, a patient or their lawyer must prove that an experienced doctor in similar circumstances would not have misdiagnosed the condition.

Misdiagnosis doesn't always mean negligence. Even the most experienced and highly trained doctors make mistakes, and the claim of malpractice must be supported by other elements like 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 could be guilty.

Lawsuits alleging malpractice are typically filed in state trial courts where the alleged malpractice attorneys took place. However, federal courts might be able to hear cases in specific circumstances. A claim can be brought before federal court in certain circumstances. For instance it could be a dispute about a statute of limitation or when the parties are of different citizenships. Some claims can be resolved through binding arbitration that is voluntary. This is a non-formal procedure which involves professionals who make the decisions. It is designed to cut costs, expedite the legal process, and malpractice lawyers reduce the risks associated with generous juries. However, arbitration isn't available for all claims of malpractice.

Dosage of a drug that is incorrect

Medication errors, often referred to as medication mistakes are among the main reasons for medical malpractice lawsuits. They can be caused by a physician prescribing the wrong medication or giving the wrong dosage to a patient. These errors are generally preventable. According to the circumstances an individual pharmacy, hospital or other health care provider could be held responsible for injuries caused by a patient who received the wrong dose of a medication.

A doctor might prescribe the wrong medication as a result of a misdiagnosis. Or, simply not understanding the prescription correctly. A health care professional could also prescribe the wrong dose due to a breakdown in communication for example, when nurses read the doctor's handwritten prescription incorrectly or the pharmacist makes an error in filling out the prescription. In other cases the doctor may delay the administration of the correct medication, which can lead to the patient's condition getting worse.

To win a Malpractice lawyers case, the victim must prove that the medical professional violated their standard of care and that the negligence directly contributed to the injuries. This requires testimony from a medical expert. Furthermore, a medical negligence case must establish the severity of a victim's injuries and the damages they suffered as a result of the negligence. This includes the cost of treatment and any wage loss. In general, the greater a person's losses are then, the more valuable the claim will be.

The wrong procedure

It's not likely for medical professionals to perform the incorrect procedure on a patient, however, this kind of thing does occur. A surgeon who commits this mistake can be held accountable for negligence. A patient who is injured because of an error during surgery can be held responsible for any errors that occured during the procedure.

Any health 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 counsel of the patient must prove that (1) the doctor had a duty to provide care or treatment; (2) that the doctor violated that duty; (3) that there is a direct and causal connection between the breach and the injury; and (4) that the injury causes damages that the legal system could be able to address.

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

Depending on the circumstances the plaintiff (the person who filed the claim, malpractice lawyers or their legal representative) or their lawyer could decide to file the case in federal or state court. The majority of malpractice cases are filed in state courts, however in certain situations medical malpractice lawsuits may be filed in federal district court.

Wrong Surgery

The procedure that is performed on the wrong site is not common, but can be considered medical malpractice in the event that the procedure is carried out in the wrong location of your body. This kind of error is usually caused by a lack of communication between members of the surgical team, or due to production pressures that lead to the surgeon performing multiple surgeries 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 a legal rule known as "res ipsa loquitur" which means that the effect of the error is evident and can be attributed to negligence.

If the patient is injured during an incorrect procedure it is possible that the patient will need additional procedures to correct problems that were made worse by the mistake. Patients and their families are left with high medical bills. These expenses should be taken into consideration when calculating the financial consequences of medical malpractice lawsuits.

Surgeons are most often held accountable for surgical errors because they are the ones who are responsible for properly making preparations for the operation as well as double-checking the patient's charts and medical records, communicating effectively with other members of the medical team, and making sure that the incision has been done at the correct place. In some instances, a hospital or anesthesiologist may also be held responsible. Medical malpractice claims are typically filed in state court but may be transferred in certain circumstances to federal court.