Common Causes of Malpractice Litigation

Malpractice litigation can be a difficult procedure. If a patient can demonstrate four elements, it will determine whether or not the mistake is a case of malpractice. These are professional obligation and a breach of that duty; an injury resulting from the breach; and quantifiable damage.

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

Misdiagnosis or Failure to Diagnose

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

Misdiagnosis does not always constitute malpractice. Even highly skilled and experienced doctors make mistakes, and an allegation of malpractice needs to be backed by other elements such as breach, proximate causality and actual injury. If a physician fails to sterilize his equipment prior to giving anesthesia and the patient is infected due to this, he could be liable.

Lawsuits that claim malpractice are usually filed in state trial courts where the alleged malpractice occurred. Federal courts may, however, have jurisdiction in certain instances. A claim may be filed before a federal court under certain circumstances. For en.easypanme.com example it could involve an issue regarding the statute of limitations or in the event that the parties have different nationalities. In other cases, certain claims are resolved through binding arbitration that is voluntary. This is a non-formal procedure that is governed by professional decision makers. It is designed to minimize expenses, speed up the legal proceedings, and eliminate the risks associated with generous juries. Arbitration is not available in all instances of malpractice.

The wrong dosage of medication

Medication mistakes, also referred to as medication errors, are one of the main causes of medical malpractice lawsuits. They can be the result of a doctor writing a prescription that is not correct or delivering the wrong dose to the patient. These mistakes are usually avoidable. In the event of an incident the situation, a pharmacist, a hospital or other health care provider could be held accountable for the injuries caused by a patient who was given the wrong dose of a medication.

A doctor may prescribe the incorrect medication to a patient because of an incorrect diagnosis or simply due to a misreading of the prescription. A health care provider can also give the wrong dosage because of a glitch in communication. For instance nurses might interpret a doctor's prescription incorrectly or a pharmacist might make an error when filling the prescription. In other cases the doctor might delay giving the correct medication, which could lead to the patient's condition worsening.

To win a malpractice lawyer lawsuit, a victim must show that the medical professional breached their standard of care, and that the negligence directly caused their injuries. This requires medical experts to be able to testify. Additionally, a medical malpractice claim must establish the extent of the injuries suffered by a victim and the damages they suffered as a result of the negligence. This includes the costs of treatment as well as any wages lost. In general, the greater a person's losses are, the more valuable the claim will be.

Wrong Procedure

It may seem impossible that medical professionals would carry out the incorrect procedure on a patient but this type of incident occurs. A surgeon who commits this mistake can be held accountable for malpractice. Patients who are injured because of a surgical error may be held liable for any error that occurred during the procedure.

Any health care professional who is accused of negligence must show that the patient was injured due to a specific act or inaction. To establish this, the legal team representing the patient must demonstrate: (1) that the doctor was legally obligated to provide treatment or care to the patient; (2) that he did not fulfill that duty; (3) that a causal link exists between the negligence and injury and (4) the harm results in damages that the legal system can address.

A breach of the duty of care is meaningless unless it causes injury which is the reason medical malpractice claims are typically made based on a law called "res ipsa loquitur." This law states that, in a majority of cases certain injuries are obvious and evident that they cannot be explained except by negligent actions.

Depending on the facts of the case, the plaintiff (the patient or their legally designated representative) or their attorney can file the claim in state or federal court. Most malpractice cases are filed in state court, but under certain circumstances the medical malpractice lawsuit can be brought in federal district court.

Wrong Surgery

A wrong-site procedure is a rare error, but it may be considered medical malpractice if the procedure is performed on the wrong part of the body. This type of error usually occurs as caused by miscommunication between members of a surgical team or production pressure that results in the surgeon being tasked with multiple surgeries at once. In these situations the surgeon isn't solely responsible for his or her responsibility for a surgery that was performed on the wrong site because there is an underlying legal principle referred to as "res ipsa loquitur" which means that the consequence of the error speaks for itself and can only be attributed to negligence.

If a patient is injured during surgery that is performed on the wrong site, he or she may require additional procedures to fix issues that were caused by the surgical error. Patients and their families are left with expensive medical bills. These expenses must be considered when calculating the financial consequences of medical malpractice lawsuits.

Surgeons are most often held accountable for surgical errors because they are the ones who are accountable for making preparations for the operation by double-checking patient's chart and medical records, coordinating effectively with the other members of the medical team, and making sure that the incision is done at the correct place. In certain instances, a hospital or anesthesiologist could also be held accountable. Medical malpractice claims are typically filed in state court, but can be transferred under certain circumstances to federal court.