Common Causes of Malpractice Litigation

The process of bringing a malpractice lawsuit is a complex procedure. If a patient can demonstrate four elements, it will be able to determine whether or not the mistake is malpractice. These are professional obligation; a breach of that duty; an injury resulting from the breach; and measurable damages.

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

Undiagnosed or Incorrectly Diagnosed

The inability of a doctor to diagnose an illness or injury could lead to serious complications or even death. Many medical malpractice cases result from incorrect diagnosis. To prove negligence, a patient or their lawyer needs to prove that a qualified doctor in similar circumstances would not have misdiagnosed a problem.

Not every misdiagnosis is negligence, but. Even highly experienced and trained doctors are not immune to mistakes. Therefore, a claim for malpractice must be backed by other elements, such as breach, proximate cause and actual injury. If a doctor fails sterilize his equipment prior to administering anesthesia and the patient is infected due to this, the doctor could be liable.

In the majority of instances, lawsuits claiming malpractice will be filed in the state trial court in which the malpractice was alleged to have occurred. However, federal courts might be able to hear cases in specific circumstances. A case may be brought before a federal court under certain circumstances. For example, it may involve the issue of a statute of limitation or if the parties are of different citizenships. Additionally, some cases are settled through voluntary binding arbitration. This is a less formal process that is governed by professional decision makers. It is designed to lower costs, speed up legal proceedings, and eliminate the risk that comes with large juries. However, arbitration is not accessible for all claims of malpractice lawyer.

Dosage of a drug that is incorrect

Medication errors are among the most common causes of medical malpractice lawsuits. These errors can be caused by a physician who writes prescriptions in the wrong format, or giving the patient the wrong dosage. These errors are usually avoidable. Based on the circumstances the situation, a pharmacist, a hospital or other health care provider could be held responsible for injuries caused by a patient who was given the wrong dose of a medication.

A doctor could prescribe wrong medication to a patient as a result of an inaccurate diagnosis or simply because he/she misreads the prescription. A health care provider can also prescribe the wrong dosage due to a breakdown in communication. For instance the nurse might interpret a doctor's prescription incorrectly or a pharmacist might have a mistake while filling the prescription. In other instances, a doctor could delay administering the correct medication to the patient, resulting in the patient's condition getting worse.

To win a malpractice lawsuit, a victim must prove that the medical professional violated their duty of care and that negligence directly caused the injuries. This requires medical experts to testify. Furthermore, a medical negligence case must establish the severity of the victim's injuries and the damages they suffered because of the negligence. This includes the costs of treatment for a patient and any lost wages. The more loss you suffer is, the more valuable of the claim.

The wrong procedure

This kind of incident is not unusual. It may seem like a challenge for medical professionals to perform the wrong procedure on patients however, it is a reality. A surgeon who commits this mistake could be held liable for malpractice. Patients who are injured as a result of an error in surgery could be held accountable for any error that occurred during the procedure.

A health care professional who is accused of negligence must prove that the patient was injured because of a specific act, or failure to perform the act. To prove this the legal team of the patient must demonstrate that: (1) the doctor was in an obligation to provide treatment or treatment; (2) that the doctor did not fulfill this duty; (3) that there is a direct causal relationship between the breach and the injury; and (4) that the injury causes damages that the legal system is able to deal with.

A breach of the duty of care is insignificant unless it causes injury which is why medical malpractice claims are usually founded on a legal principle known as "res ipsa loquitur." This law states that, in many instances certain injuries are so obvious and unmistakable that they can only be explained by negligent actions.

Based on the facts of the situation, the plaintiff (the patient or their legally designated representative) or their attorney can present the claim to federal or state court. The majority of malpractice cases are filed in state courts, however under certain circumstances, a medical malpractice lawsuit can be filed in federal district court.

Wrong Surgery

Wrong-site surgery is a rare error, but it could be considered medical malpractice when the procedure is performed on the wrong area of the body. This type of error is usually caused by miscommunication between members of a surgical team, or Malpractice lawsuit production pressure that results in an individual surgeon being assigned multiple surgeries at once. In these situations the surgeon isn't solely responsible for a wrong-site operation because of the legal principle of "res ipsa locquitur" which says that the result speaks for itself and cannot be blamed on negligence.

If someone is injured during an improper procedure and is injured, they may require additional procedures to rectify problems that were made worse by the mistake. Patients and their family members are left with hefty medical bills. It is essential to take these costs into consideration when calculating the financial costs of medical malpractice claims.

Surgeons are typically found to be responsible for surgical mistakes since they are the ones who are accountable for making preparations for the operation as well as double-checking the patient's charts and medical records, coordinating effectively with other members of the medical team and making sure the incision is done at the correct place. However, in certain instances hospitals or anesthesiologists may be held accountable. Medical malpractice cases are typically filed in state courts. However, in certain situations, they can be transferred to federal court.