Common Causes of Malpractice Litigation

Malpractice litigation can be a difficult procedure. If an error constitutes malpractice depends on whether the patient can establish four legal elements: a professional duty; breach of this duty; harm resulting from the breach; and the possibility of quantifiable damages.

Plaintiffs must demonstrate these elements with evidence like expert testimony, depositions, or discovery.

Undiagnosed or Incorrectly Diagnosed

A physician's inability to diagnose an illness or injury could lead to grave complications, or even death. Many medical malpractice cases result from mistaken diagnosis. To prove negligence, the patient or their lawyer must demonstrate that a competent doctor in similar circumstances and in the same specialty would not have misdiagnosed the problem.

Misdiagnosis does not always constitute malpractice. Even experienced and highly trained doctors can make mistakes. Therefore, any claim for malpractice must be backed up by other elements, such as breach, proximate cause or actual injury. For instance, if a physician is not careful to sterilize their equipment before administering anesthesia and the patient suffers an infection as a result the doctor could be guilty of malpractice law firm.

In most cases, lawsuits that allege malpractice will be filed in the state trial court where the alleged error occurred. Federal courts could be able to hear cases in certain instances. For example, a claim may be brought in federal court if there is a dispute over a statute of limitations or when there is a substantial variation in the citizenship of those involved in the dispute. Certain disputes are settled via binding arbitration. This is a less formal process involving professional decision makers that is intended to cut costs, speed up legal proceedings, and eliminate the possibility of excessively generous juries. However, arbitration is not available for all malpractice claims.

The wrong dosage of medication

Medication errors, also referred to as medication mistakes are among the most common causes of medical malpractice suits. They can be caused by a physician writing a prescription incorrectly or delivering the wrong dose to a patient. These errors are usually preventable. Depending on the circumstances, a hospital or its staff, pharmacist or other health care professionals may be held liable for the injuries suffered by a patient who was prescribed the wrong drug dosage.

A doctor may prescribe the wrong medicine because of a misdiagnosis or simply not understanding the prescription correctly. A health professional can also administer the wrong dosage because of a glitch in communication. For instance, a nurse may not read a doctor's prescription correctly or a pharmacist may make an error when filling the prescription. In other cases, a physician might delay in administering the correct medication to the patient, which could result in their condition becoming worse.

A plaintiff must prove for the sake of winning a malpractice lawsuit that the medical professional violated their standard of practice and that their injuries were directly caused by the negligence. This requires medical experts to provide evidence. Medical malpractice cases also must establish the extent and damage of the victim's injuries. This includes the costs of treatment for the victim as well as any wages lost. The more money you lose is, the more valuable of the claim.

Incorrect Procedure

This kind of incident is not uncommon. It might seem unattainable for medical professionals to perform the incorrect procedure on patients, but it does happen. A surgeon who makes the mistake could be held accountable for malpractice. A patient who is injured as a result of an error in surgery could be held liable for any errors that occured during the procedure.

Any health care professional who is accused of misconduct must prove that the patient was hurt by a specific act or inaction. To establish this the legal team representing the patient has to prove: (1) that the doctor was required to treat or provide care to the patient; (2) that he violated his duty; (3) that a causal connection exists between the breach and injury; and (4) the harm results in damages that the legal system can deal with.

A breach of the duty of care is insignificant unless it causes injury, which is why medical malpractice claims are usually built on a legal concept known as "res ipsa loquitur." This law states that, in a majority of cases certain injuries are obvious and evident that they can only be explained through negligent actions.

Depending on the facts of the case, the plaintiff (the patient or their legally appointed representative) or their attorney may file the claim in state or federal court. The majority of malpractice cases are filed in state court, but under certain circumstances, a medical malpractice lawsuit can be brought in federal district court.

Wrong Surgery

The wrong-site surgery is rare, cskfloor.com but can be considered medical malpractice in the event that the procedure is carried out in the wrong part of your body. This kind of error is usually the result of miscommunications between the surgical team, or by production pressures that result in surgeons being assigned multiple surgeries at once. In these instances the surgeon isn't alone in his or her responsibility for a surgical error that is not performed correctly since there is an underlying legal principle referred to as "res ipsa loquitur" which means that the consequence of the error is evident and can be attributed to negligence.

If someone is injured during an incorrect procedure it is possible that the patient will require additional procedures in order to correct problems that were exacerbated by the mistake. This results in costly medical expenses for patients and their families. These costs should be considered when calculating the financial consequences of medical malpractice lawsuits.

Surgeons are typically held accountable for surgical errors since they are the ones who are responsible for properly preparing for the operation 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 placed at the right place. In some instances an anesthesiologist or hospital can also be held liable. Medical malpractice claims are generally filed in state court, but can be transferred under certain circumstances to federal court.