Common Causes of Malpractice Litigation

malpractice law firms litigation is a tense procedure. Whether or not the error constitutes malpractice depends on the ability of the patient to prove four legal elements: a professional duty; breach of this duty; harm resulting from the breach; and quantifiable damages.

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

The wrong diagnosis and malpractice lawsuit the inability to recognize

The inability of a doctor to correctly diagnose an illness or injury can lead to serious complications or even death. Incorrect diagnosis is a common reason for medical malpractice. To prove negligence the patient or their attorney must show that a competent doctor in similar circumstances and working in the same area would not have misdiagnosed the condition.

A misdiagnosis is not always negligence. Even the most skilled and trained doctors make mistakes, and a claim of malpractice must be supported by other elements like breach, proximate cause and actual injury. If a doctor fails sterilize his equipment prior to administering anesthesia, and the patient develops an infection because of this, the doctor could be found to be negligent.

In the majority of instances, lawsuits claiming malpractice will be filed in the state trial court where the alleged malpractice took place. However, federal courts could have jurisdiction under limited circumstances. For example, a claim could be filed in federal court if it involves an issue regarding the statute of limitations or when there is a significant difference in citizenship among the parties involved in the case. In other cases, certain claims are settled through voluntary binding arbitration. This is a less formal process which involves professionals who make the decisions. It is designed to cut costs, speed up legal process, and remove the risk associated with overly generous juries. Arbitration is not available in all cases of misconduct.

The wrong dosage of medication

Medication errors are one of the most frequent causes of medical malpractice lawsuits. These errors can be caused by a doctor who has submitted prescriptions in the wrong format, or giving the patient the wrong dosage. These errors are usually avoidable. According to the situation, a pharmacy, a hospital or other health care providers could be held accountable for the harm caused by patients who were given the wrong dosage of a drug.

A doctor might prescribe the wrong medication to a patient as a result of an inaccurate diagnosis or simply due to a misreading of the prescription. A health care professional may also administer the wrong dosage due to a lapse in communication. For instance nurses may interpret a doctor's prescription incorrectly or a pharmacist may make a mistake when filling the prescription. In other cases the doctor could delay the proper medication, which can result in the patient's health worsening.

To prevail in a malpractice case, a victim must show that the medical professional violated their standard of care, and that their negligence directly led to their injuries. This requires medical experts to be able to testify. Furthermore, a medical negligence case must demonstrate the extent of the victim's injuries as well as the damages they suffered as a result of the negligence. This includes the costs of treatment for a patient and any lost wages. The greater person's losses are in the greater value of the claim will be.

The wrong procedure

This kind of incident is not uncommon. It might seem impossible for medical professionals to carry out the incorrect procedure on patients but it does happen. The surgeon who commits this mistake could be held accountable for malpractice. A patient who is injured due to an error in surgery could be held responsible for any mistakes that were made during the procedure.

Any health care professional who is accused of malpractice must show that the patient was injured by a specific action or inaction. To prove this the legal counsel of the patient must prove that: (1) the doctor was under an obligation to provide care or treatment; (2) that the doctor breached the duty of care; (3) that there is a direct causal connection between the breach and the injury; and (4) that the injury causes damages which the legal system has the power to be able to address.

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

Depending on the circumstances of the case, the plaintiff (the patient or malpractice lawsuit their legally designated representative) or their attorney may present the claim to federal or state court. Most malpractice cases are filed in state courts, however in certain circumstances the medical malpractice lawsuit can be brought in federal district court.

Wrong Surgery

The wrong-site surgery is a common error, 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 caused by a lack of communication between members of a surgical team, or production pressure that results in an individual surgeon being assigned multiple surgeries simultaneously. In these cases the surgeon is not solely responsible for an incorrect-site operation due to the legal principle of "res ipsa locquitur" which says that the result speaks for itself and cannot be attributed to negligence.

If a patient gets injured as a result of surgery done on the wrong location and is injured, they may require additional treatments to correct issues that were caused by the surgical mistake. Patients and their families are left with expensive medical bills. It is important to take these costs into account when calculating the financial impact of medical malpractice lawyers lawsuits.

Most often surgeons are liable for surgical mistakes. They are responsible to prepare the patient for surgery, reviewing the medical record and chart of the patient, coordinating with the rest of the medical staff, and ensuring that the incision was placed in the proper location. In some instances, a hospital or anesthesiologist could also be held accountable. Medical malpractice claims are typically filed in state court however, they can be transferred under certain circumstances to federal court.