Common Causes of Malpractice Litigation

malpractice attorney litigation involves a complex process. Whether or not an error is malpractice based on whether the patient is able to prove four legal elements such as a professional duty; breach of this duty; injury resulted from the breach and damages that can be quantifiable.

Plaintiffs must prove these elements by presenting evidence such as expert testimony, depositions, or discovery.

Incorrect diagnosis and failure to diagnose

Failure to correctly diagnose an injury or illness in a timely manner can cause serious complications, or death. Incorrect diagnosis is a common reason for medical negligence. To establish negligence, a patient or their lawyer needs to prove that a skilled doctor in similar circumstances would not have misdiagnosed the condition.

A misdiagnosis is not always negligence. Even experienced and highly trained doctors can make errors. Therefore, a claim of malpractice has to be backed up by other elements such as breach, proximate cause and actual injury. If a doctor fails sterilize his equipment prior the time he administers anesthesia and the patient develops an infection because of this, he could be found to be negligent.

Lawsuits that claim malpractice are usually filed in state trial courts where the alleged misconduct occurred. However, federal courts might have jurisdiction in certain situations. A case can be brought before federal court in certain circumstances. For example it could be disputes over a statute of limitation or when the parties have different citizenships. Some claims are settled by arbitration that is binding and voluntary. This is a less-formal process which involves professionals who make the decisions. It is designed to reduce costs, speed up legal process, and reduce the risk that comes with generous juries. However, arbitration isn't available for all claims of malpractice.

The wrong dosage of medication

Medication errors, also known as medication errors, are one of the main reasons for medical malpractice suits. They can involve a physician prescribing the wrong medication or delivering the wrong dose to a patient. These mistakes are usually avoidable. In the event of an incident the situation, a pharmacist, a hospital or other health care providers could be held responsible for the injuries caused by a patient who received the wrong dosage of a medication.

A doctor can prescribe the wrong medicine because of a misdiagnosis. Or, simply making a mistake in the prescription. A health professional could also administer the wrong dosage due to a lapse in communication. For instance, a nurse may take a doctor's prescription and read it incorrectly or a pharmacist may make a mistake when filling the prescription. In other cases the doctor could delay the administration of the correct medication, which could cause the patient's illness to getting worse.

In order to be successful in a malpractice lawsuit, vimeo.com,, a victim must show that the medical professional violated their standard of care, and that their negligence directly led to the injuries. This requires medical experts to be present. Furthermore, a medical negligence case must establish the severity of a victim's injuries and the damages they sustained because of the negligence. This includes the costs of a person's treatment and any lost wages. The more money you lose is, the more valuable of the claim.

Incorrect Procedure

This kind of situation is not unusual. It might seem impossible for medical professionals to perform the wrong procedure on patients but it does happen. The surgeon who commits this error may be held to be liable for negligence. However patients who are injured as a result of a surgical error can also be held accountable for any negligence that occurred on the process.

Any health care professional who is alleged to be negligent must show that the patient was hurt due to a specific act or omission to act. To establish this the legal team of the patient must show: (1) that the doctor was obligated to care for or treat the patient; (2) that he violated his duty; (3) that a causal link exists between the negligence and injury; and (4) the injury results in damages the legal system can deal with.

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

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 courts, but in certain circumstances, a medical negligence lawsuit can be filed in federal district court.

Wrong Surgery

Surgery performed on the wrong site is a very rare mistake, but it could be considered medical negligence if the procedure is performed on the wrong area of the body. This kind of error is usually the result of miscommunications between the surgical team, or due to pressures in the production process that result in the surgeon performing several surgeries to perform at the same time. In these instances the surgeon isn't solely responsible for a misplaced operation because of a legal principle known as "res ipsa locquitur" which says that the outcome is a matter of fact and cannot be blamed on negligence.

If an individual is injured in an incorrect procedure and is injured, malpractice lawsuit they may require additional procedures to rectify issues that were caused by the mistake. Patients and their families are left with costly medical bills. It is crucial to take these costs into account when calculating the financial impact of medical malpractice lawsuits.

Surgeons are most often found to be responsible for surgical mistakes since they are the ones who are accountable for making preparations for the operation, double-checking the patient's chart and medical records, communicating effectively with other members of the medical team, and making sure that the incision is made on the correct site. In some cases hospitals or anesthesiologists could also be held accountable. Medical malpractice law firm lawsuits are usually filed in state courts. However, under certain circumstances they may be transferred to federal courts.