Common Causes of malpractice law firm Litigation

Malpractice litigation is a complex procedure. If a patient can prove four elements, it will decide whether or not the error is malpractice. These are professional obligation in breach of this duty; a loss resulting from the breach; and quantifiable damage.

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

Incorrect diagnosis and inability to diagnose

Failure to correctly diagnose an injury or illness accurately can result in serious complications, or even death. Many medical malpractice cases involve misdiagnosis. To prove negligence the patient or their lawyer must demonstrate that a competent physician under similar circumstances and working in the same field would not have misdiagnosed the condition.

Every misdiagnosis can be considered to be negligence, but. Even the most experienced and highly trained doctors make mistakes, therefore an allegation of malpractice needs to be supported by other factors such as breach, proximate causality and actual injury. For instance the case where a physician does not take the time to sterilize their equipment prior to giving anesthesia and the patient suffers an infection due to the infection the doctor may be found to be negligent.

In the majority of cases, lawsuits that allege malpractice will be filed in the state trial court where the alleged error occurred. However, federal courts may have jurisdiction under limited circumstances. A claim can be brought before federal court in certain circumstances. For instance it could be an issue regarding a statute of limitation or in the event that the parties have different citizenships. Certain claims are settled through binding arbitration. This is a less formal process involving professional decision makers that is designed to reduce costs, speed up legal proceedings and eliminate the risk of overly generous juries. Arbitration is not available in all instances 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. These errors could be caused by a physician who writes prescriptions in a wrong format or giving the patient the wrong dosage. These mistakes are usually avoidable. According to the circumstances, a hospital staff member, a pharmacist or other health care provider could be held accountable for the injuries sustained by a patient who was prescribed the wrong drug dosage.

A doctor could prescribe the wrong medication to a patient as a result of an incorrect diagnosis or simply by misreading the prescription. A health care provider can also prescribe the wrong dosage because of a glitch in communication. For instance, a nurse may take a doctor's prescription and read it incorrectly or a pharmacist might have a mistake while filling the prescription. In other situations the doctor may delay administering the correct medication to the patient, Malpractice lawyers resulting in their condition deteriorating.

A victim must prove, in order to prevail on a malpractice lawsuit that the medical professional breached their standards of practice and that their injuries were directly caused by the negligence. This requires medical experts to be present. Furthermore, a medical negligence case must prove the extent of a victim's injuries and the damages they suffered as a result of the negligence. This includes the cost of treatment as well as any wages lost. The more the loss the greater the value of the claim.

Incorrect Procedure

This type of incident is not uncommon. It may seem impossible for medical professionals to carry out the incorrect procedure on patients but it does happen. A surgeon who commits this mistake can be held accountable for negligence. However patients who are injured as a result of a surgical error may also be held liable for any negligence that occurred along the process.

A health professional accused of malpractice has to prove that the patient was injured due to the specific act or failure to act. To prove this the legal counsel of the patient must prove that: (1) the doctor was in an obligation to provide treatment 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 results in damages that the legal system can deal with.

A breach of the duty of care is insignificant unless it causes injury this is why medical malpractice attorneys lawsuits are generally made based on a law called "res ipsa loquitur." This law states that, in a lot of instances certain injuries are obvious and unmistakable that they are only explained by negligent actions.

Depending on the facts of the case, the plaintiff (the patient or their legally designated representative) or their lawyer may bring the case in federal or state court. The majority of Malpractice lawyers cases are filed in state courts, however in certain circumstances, a medical malpractice lawsuit can be filed in federal district court.

Wrong Surgery

Surgery performed on the wrong site is a very rare error, but it could be considered medical malpractice if the procedure is carried out on the wrong portion of the body. This kind of error is usually the result of miscommunications between members of the surgical team, or by pressures on production that result in surgeons having several surgeries to perform at the same time. In these situations, Malpractice lawyers the surgeon is not the only one with liability for a wrong-site surgery due to an underlying legal principle referred to as "res ipsa loquitur" which means that the consequence of the error speaks for itself and cannot be attributed to negligence.

When a patient is injured due to surgery performed on the wrong site it is possible that he or she will require additional procedures to fix problems exacerbated by the surgical error. Patients and their family members are left with hefty medical bills. It is crucial to consider these costs when calculating the financial costs of medical malpractice claims.

Surgeons are often held accountable for surgical errors because they are the ones who are accountable for preparing for the operation as well as double-checking the patient's charts and medical records, coordinating effectively with other members of the medical team, and making sure the incision is made on the correct site. However, in some cases a hospital or anesthesiologist may also be held responsible. Medical malpractice lawsuits are typically filed in state courts, but may be transferred in certain circumstances to federal court.