Common Causes of Malpractice Litigation

Malpractice litigation is a complicated procedure. If a patient can prove four elements, it will determine whether or not the error is malpractice. These are the following: a professional obligation or breach of that obligation; a repercussion from this breach; and quantifiable damage.

Plaintiffs must prove these elements by presenting evidence such as expert testimony, Malpractice Lawyer depositions, and discovery.

Undiagnosed or Incorrectly Diagnosed

A physician's inability to diagnose an illness or injury could result in grave complications, or even death. A large number of medical malpractice cases involve incorrect diagnosis. To prove negligence the patient or their attorney must show that a competent doctor under similar circumstances and in the same field would not have misdiagnosed the condition.

There are many misdiagnosis that could be considered an error, but. Even highly skilled and experienced doctors make mistakes. Therefore, any claim of malpractice has to be supported with other elements such as breach, proximate reason and actual injury. If a doctor fails sterilize his equipment prior to giving anesthesia, and the patient is infected as a result of this, the doctor might be found to be negligent.

In the majority of instances, lawsuits claiming that there was a mistake will be filed in the state trial court in which the alleged misconduct occurred. Federal courts can however have jurisdiction in certain instances. A case can be brought before federal court in certain circumstances. For instance it could be a dispute about the statute of limitations or when the parties are of different nationalities. In other cases, certain claims are settled through voluntary binding arbitration. This is a less formal process involving professional decision makers that is designed to cut costs, speed up legal proceedings and eliminate the risk of overly generous juries. Arbitration is not always available in cases of misconduct.

Dosage for a drug that is not correct

Medication errors--also called medication mistakes--are among the most common causes of medical malpractice lawsuits. They can result from a doctor prescribing a prescription in error or delivering the wrong dose to a patient. These errors are generally preventable. In the event of an incident an individual pharmacy, hospital or other health care providers could be held responsible for injuries caused by patients who were given the wrong dose of a medication.

A doctor might prescribe the wrong medication because of a misdiagnosis, or simply failing to read the prescription. A health care provider can also administer the wrong dosage due to a failure in communication. For example, a nurse may interpret a doctor's prescription incorrectly or a pharmacist might fail to fill the prescription. In other cases the doctor may delay the proper medication to the patient, which could result in the patient's condition getting worse.

A plaintiff must prove to be successful in a malpractice lawsuit that the medical professional violated their standards of practice and that their injuries were directly attributed to the negligence. This requires the testimony of a medical expert. A medical malpractice case also must prove the severity and damage of the victim's injuries. This includes the cost of treatment as well as any lost wage. The greater person's losses are and the greater the value of the claim will be.

Incorrect Procedure

This kind of incident is not uncommon. It may seem impossible for medical professionals to carry out the wrong procedure on patients, but it's true. If a surgeon makes this error can be found to be liable for malpractice. A patient who is injured because of a surgical error may be held accountable for any errors that occured during the procedure.

A medical professional accused of malpractice attorney must demonstrate that the patient was injured as a result of the specific act or malpractice lawyer inability to take action. To establish this, the legal team of the patient must prove: (1) that the doctor was legally obligated to provide care or treat the patient; (2) that he breached that duty; (3) that a causal link exists between the breach and the injury and (4) the injury causes damages that the legal system can deal with.

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

Based on the circumstances depending on the facts, the plaintiff (the person who filed the claim, or their legal representative) or their lawyer can decide to file the claim either in state or federal court. The majority of malpractice cases are filed in state courts, however in certain circumstances, a medical negligence lawsuit may be filed in federal district court.

Wrong Surgery

A wrong-site procedure is a rare error, but it could be considered medical negligence if the procedure is carried out on the wrong portion of the body. This type of error is usually caused by miscommunications between members of the surgical team, or by pressures in the production process that result in the surgeon performing multiple surgeries at once. In these instances the surgeon isn't solely responsible for an incorrect-site procedure due to the legal principle known as "res ipsa locquitur", which states that the result is a matter of fact and cannot be attributed to negligence.

When a patient is 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. Patients and their family members are left with hefty medical bills. These costs should be taken into consideration when calculating the financial impact of medical malpractice claims.

Most often surgeons are accountable for surgical errors. They are accountable in preparing the patient for the procedure, checking the chart and medical records of the patient, coordinating with the medical staff, and making sure that the incision was made at the right place. In some instances, a hospital or anesthesiologist may also be accountable. Medical malpractice claims are usually filed in state courts, but in certain situations they may be transferred to federal court.