Common Causes of Malpractice Litigation

Malpractice litigation involves a complex procedure. The question of whether or not the error constitutes malpractice depends on whether the patient can establish four legal elements which include professional duty breach of this duty; injury caused by the breach and the possibility of quantifiable damages.

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

Incorrect diagnosis and inability to diagnose

Failure to identify an injury or illness in a timely manner can lead to serious complications, or even death. Misdiagnosis is a common reason for medical negligence. To prove negligence, a person or their lawyer needs to prove that an experienced doctor in similar circumstances would not have misdiagnosed a problem.

Misdiagnosis does not always constitute negligence. Even the most experienced and highly trained doctors make mistakes, so an allegation of malpractice lawsuit needs to be backed by other elements such as breach, proximate causality and actual injury. For example, if a physician fails to properly sterilize their equipment prior to giving anesthesia to a patient and they develop an infection because of it the doctor may be found to be negligent.

Lawsuits alleging malpractice are typically filed in state trial courts where the alleged misconduct occurred. However, federal courts may be able to handle cases in certain circumstances. For instance, a lawsuit could be filed in federal court if it involves the interpretation of a statute of limitations or when there is a significant diversity of citizenship of the parties involved in the case. Some claims can be settled through voluntary binding arbitration. This is a less formal process that involves professional decision makers. It is designed to lower costs, expedite the legal proceedings, and eliminate the risk associated with overly generous juries. Arbitration is not available in all instances of misconduct.

The wrong dosage of medication

Medication errors, also known as medication mistakes, are one of the main causes of medical malpractice lawsuits. They can result from a doctor prescribing the wrong medication or administering the wrong dosage to a patient. These errors are generally preventable. Depending on the circumstances the hospital or its staff, pharmacist or other health care professionals could be held accountable for the harms suffered by the patient who received the wrong dosage of a drug.

A doctor might prescribe the wrong medication because of a misdiagnosis or simply not understanding the prescription correctly. A health care professional could also administer the wrong dosage due to an issue with communication for example, when a nurse reads the doctor's handwritten script in error or the pharmacist makes an error in filling out the prescription. In other cases, a doctor could delay administering the correct medication to the patient, which could result in their condition deteriorating.

A person seeking compensation must prove, in order to prevail on a malpractice (Luxuriousrentz.com) claim, that the medical professional breached their standard of practice and that their injuries were directly attributed to the negligence. This requires medical experts to be present. Moreover, a medical malpractice case must prove the extent of the victim's injuries and the damage they sustained as a result of the negligence. This includes the cost of a person's treatment and any wages lost. The greater person's losses are, the more valuable the claim will be.

The wrong procedure

This kind of situation is not uncommon. It may seem impossible for medical professionals to perform the incorrect procedure on patients, however, it is a reality. The surgeon who makes this mistake could be held accountable for malpractice. If a patient is injured because of an error during surgery can be held liable for any negligence that occurred during the procedure.

Any health professional who is accused of misconduct must show that the patient was harmed due to a specific act or inaction. To prove this, the legal team representing the patient must prove: (1) that the doctor was legally obligated to care for or treat the patient; (2) that he breached that duty; (3) that a causal connection exists between the breach and the injury; and (4) the harm results in damages that the legal system can address.

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

Depending on the facts of the case, the plaintiff (the patient or their legally appointed representative) or their lawyer may make the claim in a state or federal court. The majority of malpractice cases are filed with state courts, but in certain circumstances, a medical negligence lawsuit could be filed with a federal district court.

Wrong Surgery

The wrong-site surgery is rare but it can be considered medical malpractice if the procedure is performed in the wrong place on your body. This kind of error usually occurs as caused by miscommunication between the members of a surgical team or production pressure that results in an individual surgeon being assigned multiple surgeries at one time. In these cases, the surgeon is not solely responsible for his or her responsibility for malpractice a surgery that was performed on the wrong site since there is a legal principle called "res ipsa loquitur" which means that the result of the error speaks for itself and cannot be traced to negligence.

When a patient is injured as a result of surgery done on the wrong location it is possible that he or she will require additional procedures to fix problems exacerbated by the surgical mistake. This results in costly medical expenses for patients and their families. These expenses must be taken into consideration when calculating the financial consequences of medical malpractice lawsuits.

Surgeons are most often held liable for surgical errors because they are the individuals who are responsible for properly getting ready for the procedure and double-checking the patient's medical chart and medical records, communicating effectively with other members of the medical team and making sure that the incision is located at the correct location. In some instances hospitals or anesthesiologists may also be held responsible. Medical malpractice cases are usually filed in state court, but may be transferred in certain circumstances to federal court.