Common Causes of Malpractice Litigation

Malpractice litigation can be a difficult procedure. If a person can prove four elements, it will decide whether or not the mistake is malpractice. These are professional obligation in breach of this obligation; an injury that results from this breach; and measurable damages.

Plaintiffs must also prove the elements by using evidence, such as expert testimony and depositions.

Undiagnosed or Incorrectly Diagnosed

The failure of a physician to accurately diagnose an illness or injury can result in serious complications or even death. Many medical malpractice cases involve mistakes in diagnosis. To establish negligence, a patient or their lawyer needs to prove that a skilled doctor Malpractice Lawyers in similar circumstances would not have misdiagnosed the condition.

Every misdiagnosis can be considered to be malpractice, however. Even highly skilled and experienced doctors make mistakes. Therefore, any claim of malpractice must be backed by other elements, such as breach, proximate cause and Malpractice Lawyers actual injury. If a doctor does not sterilize his equipment prior to giving anesthesia and the patient develops an infection because of this, the doctor might be liable.

Legal actions claiming malpractice are usually filed in state trial courts where the alleged malpractice occurred. However, federal courts may have jurisdiction under limited circumstances. A case may be brought before federal court in certain circumstances. For example it could involve disputes over a statute of limitation or when the parties have different citizenships. Some claims can be resolved through binding arbitration that is voluntary. This is a less formal process involving professional decision makers that is intended to cut costs, speed up legal proceedings and reduce the risk of overly generous juries. Arbitration is not available in all cases of malpractice.

Dosage for a drug that is not correct

Medication errors--also called medication mistakes--are among the most common causes of medical malpractice lawsuits. These errors could be caused by a physician who writes prescriptions in the wrong format or giving the patient the wrong dosage. These errors are often preventable. According to the circumstances the situation, a pharmacist, a hospital or other health care provider could be held responsible for the injuries caused by patients who were given the wrong dose of a drug.

A doctor might prescribe the incorrect medication to a patient as a result of an inaccurate diagnosis or simply by misreading the prescription. A health care provider can also administer the incorrect dosage due to a breakdown in communication. For example nurses may read a doctor's script incorrectly or a pharmacist may make an error when filling the prescription. In other cases the doctor may delay the proper medication, which could lead to the patient's condition getting worse.

To be successful in an action for malpractice, a victim must prove that the medical professional did not meet their standard of care, and that their negligence directly led to their injuries. This requires the testimony of a medical expert. Additionally, a medical malpractice claim must establish the extent of the victim's injuries as well as the damages they sustained because of the negligence. This includes the cost of treatment as well as any lost wages. Generally, the greater a loss is then, the more valuable the claim will be.

Wrong Procedure

It might seem absurd that medical professionals could perform the wrong procedure on a patient but this type of incident is quite common. A surgeon who makes the mistake could be held liable for negligence. If a patient is injured because of an error during surgery may be held responsible for any mistakes that were made during the procedure.

Any health care professional who is accused of malpractice lawyers must show that the patient was harmed through a specific act or failure to act. To prove this the legal team representing the patient must show: (1) that the doctor had a responsibility to provide care or treat the patient; (2) that he breached that duty; (3) that a causal link exists between the breach and injury; and (4) the injury results in damages which the legal system may address.

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

Depending on the circumstances of the situation, the plaintiff (the patient or their legally designated representative) or their attorney may make the claim in a federal or state court. The majority of malpractice cases are filed in state courts, however in certain situations a medical negligence case could be filed with a federal district court.

Wrong Surgery

The wrong-site surgery is rare but it can be considered medical Malpractice lawyers when the procedure is performed in the wrong part of your body. This type of error is typically due to miscommunication between members of a surgical team or production pressure that leads to a surgeon being assigned multiple surgeries at once. In these situations, the surgeon is not the only one with responsibility for a surgery that was performed on the wrong site since there is a legal rule known as "res ipsa loquitur" which means that the result of the error is evident and can be attributed to negligence.

If a patient gets injured as a result of surgery done on the wrong location and is injured, they may require additional procedures to correct issues that were caused by the surgical mistake. This results in costly medical expenses for patients as well as their families. It is crucial to take these costs into consideration when calculating the financial impact of medical malpractice claims.

The majority of times, surgeons are held responsible for surgical mistakes. They are accountable in preparing the patient for the procedure, as well as checking the medical records and chart of the patient, communicating with the medical team, and ensuring that the incision was placed at the correct location. However, in some cases hospitals or anesthesiologists may also be accountable. Medical malpractice claims are generally filed in state courts, but under certain circumstances, they can be transferred to federal court.