Common Causes of Malpractice Litigation

Malpractice litigation is a complex procedure. If a patient can prove four elements, it will decide whether or not the error Malpractice Lawsuits is malpractice. These are professional obligations; a breach of that duty; a loss resulting from this breach; and measurable damages.

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

Incorrect diagnosis and inability to diagnose

Inability to recognize an injury or illness correctly can cause serious complications, or even death. Many medical malpractice cases result from misdiagnosis. To prove negligence, the patient or their attorney must demonstrate that a competent physician under similar circumstances and in the same field would not have misdiagnosed the condition.

It is not always a case of malpractice, however. Even highly trained and Malpractice lawsuits experienced doctors make mistakes, so any claim of malpractice has to be supported by other factors such as breach, proximate cause and actual injury. For example If a doctor fails to properly clean their equipment prior the time they administer anesthesia to a patient and they develop an infection due to the infection the doctor may be guilty of malpractice.

In most instances, lawsuits claiming that there was a mistake will be filed in the state trial court in which the alleged error occurred. However, federal courts could have jurisdiction under limited circumstances. For instance, a claim may be brought in federal court if there is a dispute over the time limit for filing a claim or if there is a substantial difference in citizenship among the parties to the case. In other cases, certain claims are resolved through binding arbitration that is voluntary. This is a less formal process which involves professionals who make the decisions. It is designed to cut costs, expedite the legal process, and remove the risk that comes with generous juries. Arbitration is not available in all cases of misconduct.

The wrong dosage of medication

Medication errors, often referred to as medication errors are among the leading causes of medical malpractice lawsuits. These errors are caused by a doctor who has submitted a prescription in a wrong format or giving the patient the incorrect dosage. These errors are typically preventable. Based on the circumstances the hospital or its staff, a pharmacist or other health care professionals could be held responsible for the injuries suffered by patients who were given the wrong dosage of medication.

A doctor may prescribe the incorrect medication to a patient as a result of an incorrect diagnosis or simply due to a misreading of the prescription. A health care provider may also prescribe the wrong dose due to an interruption in communication for example, when a nurse reads the handwritten prescription of a doctor incorrectly or the pharmacist makes an error in filling the prescription. In other instances, a physician might delay the proper medication to the patient, resulting in their condition becoming worse.

In order to be successful in a malpractice attorneys case, a victim must prove that the medical professional violated their standards of care and that negligence directly caused the injuries. This requires the testimony of a medical expert. Medical malpractice cases also must establish the extent and damages of the victim's injuries. This includes the cost of treatment as well as any lost wages. The more the loss is, the more valuable of the claim.

Wrong Procedure

This kind of incident is not uncommon. It might seem impossible for medical professionals to perform the wrong procedure on patients however, it happens. If a surgeon makes this error can be found liable for malpractice. A patient who suffers injury because of an error in surgery could be held accountable for any mistakes that were made during the procedure.

A health care professional who is accused of malpractice has to prove that the patient was injured due to an action or inability to perform the act. To establish this, the legal team of the patient must show: (1) that the doctor had a responsibility to provide treatment or care to the patient; (2) that he did not fulfill that duty; (3) that a causal connection exists between the breach and injury; and (4) the injuries result in damages that the legal system can address.

A breach of duty of care is no meaning unless it result in injury. This is the reason why medical malpractice cases are usually built on the legal principle "res ipsa locquitur," which says that certain injuries are so obvious they can be explained only through negligence.

Depending on the circumstances the plaintiff (the person who filed the claim or their legal representative) or their attorney may decide to file a lawsuit in either state or federal court. The majority of malpractice cases are filed in state court. However, under limited circumstances medical malpractice lawsuits can be filed in federal district court.

Wrong Surgery

The wrong-site surgery is rare, but can be considered medical malpractice when the procedure is performed in the wrong part of your body. This kind of error usually occurs as caused by a lack of communication between members of a surgical team, or production pressure that leads to the surgeon being tasked with multiple surgeries simultaneously. In these situations the surgeon isn't solely responsible for his or her responsibility for a surgical error that is not performed correctly due to a legal rule known as "res ipsa loquitur" which means that the outcome of the error is evident and can only be attributed to negligence.

If the patient is injured during an incorrect procedure the patient may need additional procedures to correct problems that were exacerbated by the error. This results in costly medical expenses for patients and their families. These expenses must be considered when calculating the financial impact of medical malpractice lawsuits.

Surgeons are typically held liable for surgical errors because they are the ones who are responsible for making preparations for the operation 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 has been made on the correct site. In some cases an anesthesiologist or hospital could also be held accountable. Medical malpractice cases are typically filed in state courts, but in certain situations they may be transferred to federal courts.