Common Causes of Malpractice Litigation

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

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

The wrong diagnosis and the inability to recognize

The inability of a doctor to accurately diagnose an illness or injury could lead to grave complications, or even death. Many medical malpractice Lawyer cases result from misdiagnosis. To prove negligence, a patient or their lawyer must demonstrate that a skilled doctor in similar circumstances would not have misdiagnosed a problem.

There are many misdiagnosis that could be considered malpractice, however. Even highly-trained and experienced doctors can make mistakes. Therefore, any claim for malpractice must be backed by other factors such as breach, proximate reason and actual injury. If a doctor fails to sterilize his equipment before administering anesthesia and the patient gets infected because of this, the doctor might be guilty.

In the majority of instances, malpractice lawyer lawsuits claiming malpractice will be filed in the state trial court in which the alleged misconduct occurred. However, federal courts may have jurisdiction under limited circumstances. For instance, a case may be brought in federal court if it is the interpretation of the statute of limitations or in the event of a significant diversity of citizenship of the parties to the case. Certain disputes are settled through arbitration that is binding and voluntary. This is a less-formal process which involves professionals who make the decisions. It is designed to lower costs, expedite the legal process, and reduce the risk of overly generous juries. However, arbitration is not available for all malpractice claims.

The wrong dosage of medication

Medication errors--also called medication mistakes--are one of the most frequent causes of medical malpractice law firms lawsuits. These errors are caused by a doctor writing a prescription in the wrong format, or giving the patient the incorrect dosage. These errors are often preventable. Based on the circumstances, a hospital, its staff, a pharmacist or other health care provider may be held liable for the injuries sustained by patients who were given the wrong dose of medication.

A doctor may prescribe the wrong drug because of a misdiagnosis, or simply not understanding the prescription correctly. A health care provider can also prescribe the wrong dosage because of a glitch in communication. For example the nurse might take a doctor's prescription and read it incorrectly or a pharmacist may fail to fill the prescription. In other cases the doctor may delay administering the correct medication to the patient, resulting in the patient's condition getting worse.

To prevail in a malpractice lawsuit, a victim must establish that the medical professional did not meet their standard of care, and that their negligence directly led to the injuries. This requires medical experts to be able to testify. Moreover, a medical malpractice case must establish the severity of the injuries suffered by a victim and the damages they sustained because of the negligence. This includes the costs of a person's treatment and any wages lost. The greater the loss is, the more valuable of the claim.

Wrong Procedure

This kind of situation is not uncommon. It might seem unattainable for medical professionals to carry out the incorrect procedure on patients however, it is a reality. The surgeon who makes this error could be held liable for malpractice. A patient who is injured as a result of an error during surgery may be held accountable for any mistakes that were made during the procedure.

A health care professional accused of malpractice must demonstrate that the patient was injured because of the specific act or inability to take action. To prove this, the patient's legal team must demonstrate that: (1) the doctor had an obligation to provide treatment or treatment; (2) that the doctor did not fulfill this duty; (3) that there is a direct and causal connection between the breach and the injury; and (4) that the injury causes damages that the legal system could address.

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

Depending on the circumstances of the situation, the plaintiff (the patient or their legally appointed representative) or their lawyer may file the claim in state or federal court. The majority of malpractice cases are filed in state court. However, under certain circumstances medical malpractice lawsuits could be filed in federal district court.

Wrong Surgery

The procedure that is performed on the wrong site is not common, but can be considered medical malpractice law firms if the procedure is performed in the wrong location of your body. This type of error is usually the result of miscommunications between members of the surgical team, or pressures on production that result in surgeons having multiple surgeries assigned at once. In these instances the surgeon isn't solely responsible for a misplaced operation because of the legal principle known as "res ipsa locquitur" which says that the outcome speaks for itself and cannot be blamed on negligence.

If a patient is injured during surgery that is performed on the wrong site it is possible that he or she will require additional procedures to fix issues that were caused due to the surgical error. Patients and their family members are left with hefty medical bills. These costs should be taken into consideration when calculating the financial consequences of medical malpractice claims.

Surgeons are typically held accountable for surgical errors because they are the ones who are responsible for properly making preparations for the operation, double-checking the patient's chart 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. However, in certain instances a hospital or anesthesiologist may also be held responsible. Medical malpractice cases are typically filed in state courts, however, in certain situations, they can be transferred to federal courts.