Common Causes of malpractice lawyers - this site, Litigation

Malpractice litigation is a complicated procedure. Whether or not an error is malpractice based on the ability of the patient to prove four legal elements such as a professional duty breach of this duty; harm due to the breach and damages that can be quantifiable.

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

Incorrect diagnosis and failure to diagnose

Failure to correctly diagnose an injury or illness accurately can cause serious complications, or even death. The misdiagnosis of a patient is a frequent reason for medical negligence. To prove negligence the patient or their attorney must demonstrate that a competent physician under similar circumstances and working in the same specialty would not have misdiagnosed the condition.

The misdiagnosis of a patient does not always mean negligence. Even highly-trained and experienced doctors make mistakes. Therefore, any claim for malpractice must be backed by other factors such as breach, proximate cause or actual injury. For example when a doctor fails to properly sterilize their equipment prior to giving anesthesia and the patient develops an infection in the process the doctor could be found to be negligent.

The majority of lawsuits involving malpractice are filed in state trial courts where the alleged misconduct occurred. However, malpractice lawyers federal courts may be able to handle cases in certain circumstances. A claim can be brought before a federal court under certain circumstances. For instance, it may involve an issue regarding the statute of limitations or when the parties are of different nationalities. In other cases, certain claims are settled through voluntary binding arbitration. This is a less formal process that involves professionals who make the decisions. It is designed to reduce costs, speed up legal proceedings, and eliminate the possibility of excessively generous juries. However, arbitration isn't accessible for all malpractice claims.

The wrong dosage of medication

Medication errors, also known as medication mistakes, are one of the most frequent causes of medical malpractice lawsuits. These errors can be caused by a doctor writing a prescription in the wrong format, or giving the patient the incorrect dosage. These errors are typically preventable. According to the circumstances the hospital, its staff, a pharmacist or other health care provider may be held liable for the injuries sustained by a patient who was prescribed the wrong dosage of medication.

A doctor may prescribe the wrong medication to a patient as a result of an inaccurate diagnosis or simply by misreading the prescription. A health professional may also prescribe the wrong dosage due to an issue with communication like when nurses read a doctor's handwritten script incorrectly or the pharmacist makes a mistake in filling out the prescription. In other instances doctors may delay administering the correct medication to the patient, which could result in the patient's condition getting worse.

A victim must prove, to be successful in a malpractice claim that the medical professional breached their standards of practice and that their injuries were directly attributed to the negligence. This requires medical expert testimony. Moreover, a medical malpractice case must prove the extent of the injuries suffered by a victim and the damages they suffered because of the negligence. This includes the cost of treatment as well as any wage loss. The more money you lose, the higher the value of the claim.

Incorrect Procedure

It might seem unlikely that medical professionals could perform the incorrect procedure on a patient however, this type of event can occur. The surgeon who makes this mistake can be held accountable for malpractice. However the patient who is injured as a result of a surgical error could also be held accountable for any negligence that occurred during the path to the procedure.

A medical professional accused of malpractice has to prove that the patient was injured due to a specific act, or inability to act. To establish this the legal team representing the patient must show that: (1) the doctor was in the obligation to provide medical care or treatment; (2) that the doctor breached the duty of care; (3) that there is a direct causal link between the breach and the injury; and (4) that the injury results in damages that the legal system is able to deal with.

A breach of the duty of care is not relevant unless it causes injury that's why medical malpractice lawsuits are generally based on a legal doctrine called "res ipsa loquitur." This law says that, in many instances certain injuries are obvious and unmistakable that they can only be explained by negligent acts.

Based on the facts of the case, the plaintiff (the patient or their legally designated representative) or their attorney could present the claim to state or federal court. Most malpractice cases are filed in state court, but in certain circumstances the medical malpractice lawsuit could be filed in federal district court.

Wrong Surgery

A wrong-site procedure is a rare error, but it could be considered medical negligence if the procedure is performed on the wrong side of the body. This type of error is usually caused by miscommunications between members of the surgical team, or due to pressures in the production process that result in the surgeon performing multiple surgeries at once. In these instances the surgeon isn't solely responsible for a misplaced operation because of a legal rule known as "res ipsa locquitur" which says that the result speaks for itself and cannot be attributed to negligence.

If a patient is injured during an improper procedure, he or her may require additional procedures to rectify issues that were caused due to the error. Patients and Malpractice lawyers their families are left with expensive medical bills. These expenses must be taken into consideration when calculating the financial impact of medical malpractice claims.

Surgeons are typically found to be responsible for surgical mistakes because they are the individuals who are responsible for properly preparing for the operation by double-checking patient's chart and medical records, communicating effectively with other members of the medical team and making sure that the incision is done at the correct place. In some instances, hospitals or anesthesiologists may also be held responsible. Medical malpractice claims are typically filed in state court but can be transferred under certain circumstances to federal court.