Common Causes of Malpractice Litigation

Malpractice litigation involves a complex process. If a person can prove four elements, it will determine whether or not the mistake is a case of malpractice. These are professional obligation; a breach of that obligation; a repercussion from this breach; and measurable damages.

Plaintiffs must be able to prove the elements using evidence such as expert testimony and depositions.

Misdiagnosis and Failure to Diagnose

Failure to correctly diagnose an illness or injury accurately can lead to serious complications, or death. Many medical malpractice law firms cases involve mistaken diagnosis. To prove negligence the patient or their attorney must show that a competent doctor in similar circumstances and in the same area would not have misdiagnosed the problem.

Misdiagnosis doesn't always mean negligence. Even experienced and highly trained doctors make mistakes. Therefore, a claim of malpractice must be backed up by other elements such as breach, proximate cause and actual injury. For instance the case where a physician does not take the time to sterilize their equipment before administering anesthesia, and the patient develops an infection as a result the doctor could be found to be negligent.

In most cases, lawsuits alleging malpractice will be filed in the state trial court where the alleged error occurred. Federal courts can be able to hear cases in certain situations. A claim can be brought before a federal court in specific circumstances. For instance it could be disputes over a statute of limitation or when the parties are of different citizenships. In other cases, certain claims are resolved through binding arbitration that is voluntary. This is a less formal process which involves professional decision makers and is intended to save costs, speed up legal proceedings and reduce the possibility of excessively generous juries. Arbitration is not always available in cases of misconduct.

The wrong dosage of medication

Medication errors, also referred as medication errors are among the most common causes of medical malpractice suits. These errors are caused by a doctor who has submitted a prescription in the wrong format, or giving the patient the incorrect dosage. These mistakes are often avoidable. According to the situation, a pharmacy, a hospital or malpractice lawyers other health care provider could be held accountable for the injuries caused by an individual who took the wrong dose of a medication.

A doctor might prescribe the wrong drug because of a misdiagnosis or by simply failing to read the prescription. A health professional could also give the wrong dosage due to a lapse in communication. For example the nurse might take a doctor's prescription and read it incorrectly or a pharmacist may make a mistake when filling the prescription. In other instances doctors may delay administering the correct medication to the patient, which could result in their condition worsening.

To win a malpractice case, the victim must prove that the medical professional violated their duty of care and that negligence directly caused the injuries. This requires the testimony of a medical expert. Furthermore, a medical negligence case must prove the extent of the victim's injuries as well as the damages they suffered as a result of the negligence. This includes the cost of treatment for the victim as well as any lost wages. The greater person's losses are and the greater the value of the claim will be.

Unskillful Procedure

This type of incident is not unusual. It might seem unattainable for medical professionals to perform the incorrect procedure on patients, but it's true. A surgeon who commits this mistake can be held accountable for negligence. However the patient who is injured by a surgical mistake can also be held accountable for any negligence that occurred along the process.

A health care professional who is accused of malpractice must demonstrate that a patient was injured by an act or failure to take action. To prove this the legal team representing the patient has to prove: (1) that the doctor was legally obligated to care for or treat the patient; (2) that he violated his duty; (3) that a causal connection exists between the breach and injury and (4) the injury causes damages that which the legal system may address.

A breach of the duty of care is insignificant unless it causes injury, that's why medical malpractice claims are usually founded on a legal principle called "res ipsa loquitur." This law says that, in a lot of instances certain injuries are obvious and unmistakable that they are only explained by negligent acts.

Depending on the facts depending on the facts, the plaintiff (the person who filed the claim, or their legal representative) or their attorney may 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 case can be brought to federal district court.

Wrong Surgery

The wrong-site surgery isn't common but it could be considered medical malpractice in the event that the procedure is carried out in the wrong part of your body. This type of error is usually caused by a lack of communication between the surgical team, or production pressures that result in a surgeon having multiple surgeries assigned at once. In these instances the surgeon is not solely responsible for a wrong-site procedure due to the legal principle known as "res ipsa locquitur", which states that the outcome speaks for itself and cannot be blamed on negligence.

If a patient is injured during an incorrect procedure and is injured, they may require additional procedures in order to correct problems that were made worse due to the error. Patients and their family members are left with hefty medical bills. It is important to take these costs into consideration when calculating the financial costs of medical malpractice lawyers lawsuits.

Surgeons are most often found to be responsible for surgical mistakes as they are the ones who are responsible for making preparations for the operation, double-checking the patient's chart and medical records, coordinating effectively with other members of the medical team, and making sure that the incision has been done at the correct place. In some instances the hospital or anesthesiologist could also be held accountable. Medical malpractice lawsuits are typically filed in state courts, but may be transferred in certain circumstances to federal court.