Common Causes of Malpractice Litigation

The process of bringing a malpractice lawsuit is a complex procedure. If a patient can prove four factors, it will determine whether or not the error is malpractice. These are professional obligations and a breach of that duty; an injury resulting from this breach; and measurable damages.

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

The wrong diagnosis or the inability to diagnose

Failure to correctly diagnose an injury or illness accurately can cause serious complications, or even death. Misdiagnosis is a common cause of medical malpractice. To establish negligence, malpractice lawyer a patient or their lawyer must show that a seasoned doctor in similar circumstances would not have misdiagnosed a problem.

Misdiagnosis doesn't always mean negligence. Even the most experienced and highly trained doctors make mistakes, therefore the claim of malpractice must be supported by other factors such as breach, proximate causality and actual injury. For example when a doctor does not properly sterilize their equipment prior to administering anesthesia and the patient develops an infection as a result, the doctor could be liable for malpractice.

Lawsuits that claim malpractice are usually filed in state trial courts, where the alleged error occurred. Federal courts could however have jurisdiction in certain instances. For instance, a claim may be brought in federal court if it is a dispute over the statute of limitations or in the event of a significant variety of citizenship among those involved in the dispute. Certain claims are settled through arbitration that is binding and voluntary. This is a less-formal process that involves professional decision makers. It is designed to cut costs, expedite the legal process, and reduce the risk of overly large juries. Arbitration is not available in all cases of malpractice.

Dosage for a drug that is not correct

Medication errors, often referred to as medication mistakes, are one of the main causes of medical malpractice suits. They can be the result of a doctor writing a prescription that is not correct or administering the wrong dosage to patients. These errors are usually avoidable. Based on the circumstances the hospital staff member, a pharmacist or other health professionals could be held accountable for the harms suffered by the patient who received the wrong drug dosage.

A doctor can prescribe the wrong drug because of a misdiagnosis or simply not understanding the prescription correctly. A health care professional may also give the wrong dosage due to a failure in communication. For instance, a nurse may interpret a doctor's prescription incorrectly or a pharmacist may have a mistake while filling the prescription. In other instances doctors may delay the proper medication to the patient, resulting in the patient's condition getting worse.

A person who suffers from a medical malpractice claim must prove, in order to prevail on a Malpractice Lawyer lawsuit that the medical professional breached their standards of practice and that their injuries were directly caused by the negligence. This requires medical experts to testify. Moreover, a medical malpractice case must establish the severity of the victim's injuries as well as the damages they sustained because of the negligence. This includes the costs of treatment for a patient and any wages lost. Generally, the greater a loss is then, the more valuable the claim will be.

Incorrect Procedure

It's not likely for medical professionals to perform the incorrect procedure on a patient but this type of incident does occur. The surgeon who commits this error can be found responsible for negligence. However, a patient who is injured due to a surgical error could also be held responsible for any negligence that occurred along the process.

Any health care professional who is accused of malpractice must prove that the patient was harmed through a specific act or omission to act. 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 did not fulfill that duty; (3) that a causal connection exists between the negligence and injury and (4) the harm results in damages that the legal system can deal with.

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

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

Wrong Surgery

Wrong-site surgery is a rare error, but it can be considered medical negligence if the procedure is performed on the wrong side of the body. This type of error is often caused by a lack of communication between members of a surgical team, or production pressure that leads to the surgeon being tasked with multiple surgeries at once. In these instances the surgeon isn't solely responsible for a misplaced operation due to a legal rule known as "res ipsa locquitur" which says that the result is a matter of fact and cannot be blamed on negligence.

If a patient is injured during an operation that was performed on the wrong site, he or her may need additional procedures to correct problems that were made worse by the error. This can result in high medical expenses for patients as well as their families. These expenses should be taken into consideration when calculating the financial consequences of medical malpractice law firm claims.

Most often surgeons are held accountable for surgical errors. They are accountable in preparing the patient prior to surgery, reviewing the chart and medical records of the patient, communicating with the medical staff, and making sure that the incision was made in the proper location. In some cases hospitals or anesthesiologists could also be held accountable. Medical malpractice claims are generally filed in state court however, they can be transferred under certain circumstances to federal court.