Common Causes of Malpractice Litigation

Malpractice litigation involves a complex procedure. The degree to which an error constitutes malpractice depends on the ability of the patient to prove four legal elements that include a professional obligation breach of this duty; injury caused by the breach and tangible damages.

Plaintiffs must be able to prove the elements using evidence such as expert testimony and depositions.

Misdiagnosis and Failure to Diagnose

The inability of a doctor to diagnose an illness or injury can lead to grave complications, or even death. Incorrect diagnosis is a common cause of medical malpractice. To prove negligence, a patient or their lawyer must demonstrate that a qualified doctor in similar circumstances would not have misdiagnosed a problem.

It is not always a case of malpractice, however. Even highly skilled and experienced doctors can make errors. Therefore, any claim for malpractice must be supported with other elements such as breach, proximate cause and actual injury. For example when a doctor fails to properly sterilize their equipment prior to administering anesthesia to a patient and they develop an infection as a result the doctor may be found to be negligent.

In most instances, lawsuits claiming East Chicago malpractice Law firm will be filed in the state trial court where the lowell malpractice attorney was alleged to have occurred. However, federal courts could have jurisdiction in certain situations. For instance, a case may be brought in federal court in the event of disputes over the time limit for filing a claim or if there is a substantial variation in the citizenship of the parties in the case. Certain claims are settled through binding arbitration. This is a less formal process with professional decision makers. It is designed to cut costs, speed up legal proceedings and remove the risk of overly generous juries. Arbitration is not available in all instances of malpractice.

The wrong dosage of medication

Medication errors, also known as medication mistakes, are among the most common causes of medical malpractice lawsuits. These errors could be caused by a doctor writing a prescription in the wrong format or giving the patient the wrong dosage. These errors are usually avoidable. According to the circumstances an individual pharmacy, hospital or other health care providers could be held accountable for the harm caused by a patient who received the wrong dosage of a medication.

A doctor can prescribe the wrong medication as a result of a misdiagnosis. Or, simply not understanding the prescription correctly. A health professional could also prescribe the wrong dosage because of a breakdown in communication for instance, when nurses read the doctor's handwritten script in error or the pharmacist makes an error in filling out the prescription. In other cases the doctor may delay the proper medication, which can cause the patient's illness to worsening.

A victim must prove, in order to prevail on a malpractice claim, that the medical professional violated their standard of practice and that their injuries were directly attributed to the negligence. This requires testimony from a medical expert. In addition, a medical mishap claim must establish the extent of the victim's injuries as well as the damages they suffered as a result of the negligence. This includes the cost of treatment as well as any wage loss. In general, the greater a person's losses are, the more valuable the claim will be.

Incorrect Procedure

It might seem unlikely that medical professionals could perform the wrong procedure on a patient but this type of mishap occurs. A surgeon who makes this mistake can be held liable for malpractice. However, a patient who is injured by a surgical mistake could also be held responsible for any negligence that occurred on the path to the procedure.

Any health care professional who is accused of malpractice must prove that the patient was hurt due to a specific act or inaction. To prove this, the legal team of the patient must show: (1) that the doctor was obligated to provide care 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 injury causes damages that which the legal system may address.

A breach of the duty of care is insignificant unless it causes injury, which is the reason medical malpractice claims are typically based on a legal doctrine called "res ipsa loquitur." This law says that, in a majority of cases certain injuries are obvious and unmistakable that they can only be explained by negligent acts.

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

Wrong Surgery

The wrong-site surgery is rare, 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 often caused by miscommunications between the surgical team, or due to pressures on production that result in the surgeon performing several surgeries to perform at the same time. In these cases, the surgeon is not all-in on his responsibility for an incorrect-site procedure due to a legal principle called "res ipsa loquitur" which means that the consequence of the error speaks for itself and can be attributed to negligence.

If a patient is injured during surgery that is performed on the wrong site, he or she may require additional procedures to fix problems exacerbated by the surgical error. Patients and their families are left with costly medical bills. It is important to take these costs into account when calculating the financial impact of medical malpractice claims.

Surgeons are often held liable for surgical errors because they are the ones who are accountable for getting ready for the procedure as well as double-checking the patient's charts and medical records, coordinating effectively with the other members of the medical team and making sure that the incision is located at the correct location. In some cases hospitals or anesthesiologists can also be held liable. Medical malpractice claims are usually filed in state courts. However, under certain circumstances, they can be transferred to federal courts.