Common Causes of Malpractice Litigation

The process of bringing a malpractice lawsuit is a complex procedure. Whether or not an error constitutes malpractice depends on whether the patient is able to prove four legal elements that include a professional obligation; breach of this duty; harm resulted from the breach and the possibility of quantifiable damages.

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

The wrong diagnosis and the inability to recognize

Inability to recognize an illness or injury accurately can result in serious complications, or even death. Many medical malpractice cases involve mistakes in diagnosis. To prove negligence, a patient or their lawyer must prove that a qualified doctor in similar circumstances would not have misdiagnosed an illness.

There are many misdiagnosis that could be considered an error, but. Even highly-trained and experienced doctors can make errors. Therefore, any claim of malpractice has to be supported with other elements, such as breach, proximate causes and actual injury. For instance the case where a physician fails to properly sterilize their equipment prior to administering anesthesia and the patient suffers an infection because of it the doctor may be liable for malpractice.

The majority of lawsuits involving malpractice are filed in state trial courts, where the alleged error occurred. Federal courts could however have jurisdiction in certain instances. A case may be brought before a federal court in specific circumstances. For instance it could be disputes over the statute of limitations or in the event that the parties have different citizenships. Some claims are settled by binding arbitration. This is a less formal process with professional decision makers. It is designed to cut costs, expedite legal proceedings and remove the risk of overly generous juries. However, arbitration is not accessible for all malpractice claims.

Dosage of a drug that is incorrect

Medication errors, often referred to as medication mistakes are among the most common causes of medical malpractice suits. They can involve a physician writing a prescription that is not correct or administering the wrong dosage to the patient. These errors are often preventable. According to the circumstances an individual pharmacy, hospital or other health care provider could be held responsible for the harm caused by an individual who took the wrong dosage of a drug.

A doctor might prescribe the wrong medication as a result of a misdiagnosis, or simply making a mistake in the prescription. A health care professional could also prescribe the wrong dosage due to an interruption in communication for example, when the nurse reads the handwritten prescription of a doctor incorrectly or the pharmacist makes a mistake in filling out the prescription. In other cases, Malpractice lawyer the physician may delay delivering the correct medication, which could result in the patient's health getting worse.

A person who suffers from a medical malpractice claim must prove, in order to prevail on a malpractice lawsuit, that the medical professional breached their professional standards and that their injuries were directly caused by the negligence. This requires medical experts to provide evidence. In addition, a medical mishap claim must establish the extent of the victim's injuries as well as the damages they sustained because of the negligence. 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 type of incident is not uncommon. It may seem impossible for medical professionals to perform the incorrect procedure on patients however, it happens. A surgeon who makes this kind of error could be held responsible for negligence. Patients who are injured due to a surgical error may be held liable for any mistakes that were made during the procedure.

Any health care professional who is accused of negligence must prove that the patient was harmed by a specific act or omission to act. To prove this the legal team of the patient must demonstrate: (1) that the doctor had a responsibility to care for or treat the patient; (2) that he did not fulfill that duty; (3) that a causal connection exists between the breach and injury; and (4) the injury results in damages the legal system can deal with.

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

Depending on the circumstances, the plaintiff (the person who filed the claim or their legal representative) or their lawyer can decide to file the case in state or federal court. The majority of malpractice cases are filed with state courts, but in certain circumstances, a medical negligence lawsuit can be brought to federal district court.

Wrong Surgery

The procedure that is performed on the wrong site is not common but it can be considered medical Malpractice Lawyer; vimeo.com, when the procedure is done in the wrong place on your body. This type of mistake is usually the result of miscommunications between members of the surgical team, or production pressures that result in a surgeon having several surgeries to perform at the same time. In these situations, the surgeon is not all-in on his responsibility for an incorrect-site procedure because there is a legal principle called "res ipsa loquitur" which means that the outcome of the error speaks for itself and cannot be traced to negligence.

If a patient is injured during a wrong-site procedure it is possible that the patient will require additional procedures in order to correct issues that were caused by the error. This leads to costly medical bills for patients and their families. It is important to take these costs into account when calculating the financial impact of medical malpractice claims.

Most often surgeons are held accountable for surgical errors. They are accountable in preparing the patient prior to the procedure, malpractice lawyer examining the chart and medical records of the patient, communicating with the medical personnel, and ensuring that the incision was made in the correct place. In certain instances an anesthesiologist or hospital may also be held responsible. Medical malpractice cases are usually filed in state court, however, they can be transferred under certain circumstances to federal court.