Common Causes of Malpractice Litigation

Malpractice litigation involves a complex process. If a patient can prove four elements, it will decide whether or not the error is malpractice. These are professional obligation in breach of this duty; an injury resulting from the breach; and quantifiable damage.

Plaintiffs must also demonstrate these elements with evidence such as expert testimony, depositions, or discovery.

Misdiagnosis or Failure to Diagnose

The failure of a physician to accurately diagnose an illness or injury could lead to serious complications or even death. Misdiagnosis is a common reason for medical malpractice lawyers. To prove negligence the patient or their attorney must demonstrate that a competent physician under similar circumstances and in the same area would not have misdiagnosed the condition.

The misdiagnosis of a patient does not always mean negligence. Even highly-trained and experienced doctors make mistakes. Therefore, any claim of malpractice must be backed up by other elements, such as breach, proximate cause and actual injury. If a doctor fails to sterilize his equipment prior to administering anesthesia, and the patient is infected because of this, the doctor could be guilty.

Lawsuits alleging malpractice are typically filed in state trial courts where the alleged malpractice took place. However, federal courts might have jurisdiction under limited circumstances. For instance, a case could be filed in federal court if it involves disputes over the time limit for filing a claim or in the event of a significant difference in citizenship among the parties in the case. Certain claims are settled through binding voluntary arbitration. This is a less formal procedure involving professional decision makers that is designed to reduce costs, speed up legal proceedings, and eliminate the risk of overly generous juries. However, arbitration is not accessible for all claims of malpractice.

Wrong Drug Dosage

Medication errors are one of the main causes of medical Malpractice Attorney lawsuits. These errors are caused by a physician submitting prescriptions in a wrong format or giving the patient the wrong dosage. These mistakes are usually avoidable. In certain circumstances the hospital or its staff, a pharmacist or other health care provider may be held liable for malpractice lawyers the injuries suffered by patients who were given the wrong dosage of a drug.

A doctor could prescribe the incorrect medication to a patient as a result of an inaccurate diagnosis or simply due to a misreading of the prescription. A health professional can also administer the incorrect dosage due to a failure in communication. For example, a nurse may not read a doctor's prescription correctly or a pharmacist could fail to fill the prescription. In other situations doctors may delay the administration of the correct medication to the patient, which could result in their condition becoming worse.

A plaintiff must prove to be successful in a malpractice law firm claim, that the medical professional breached their standards of practice and that their injuries were directly attributed to the negligence. This requires medical experts to provide evidence. In addition, a medical mishap case must prove the extent of the victim's injuries and the damages they sustained because of the negligence. This includes the cost of treatment for a patient and any wages lost. The greater the loss the greater the value of the claim.

The wrong procedure

This kind of situation is not unusual. It might seem impossible for medical professionals to perform the wrong procedure on patients but it does happen. If a surgeon makes this mistake could be held liable for negligence. A patient who is injured as a result of a surgical error may be held liable for any negligence that occurred during the procedure.

A health professional accused of negligence must prove that a patient was injured by an action or failure to take action. To prove this the legal team representing the patient must demonstrate: (1) that the doctor was legally obligated to provide care or treat the patient; (2) that he breached that duty; (3) that a causal connection exists between the breach and the injury; and (4) the harm results in damages that which the legal system may address.

A breach of the duty of care is not relevant unless it causes injury which is the reason medical malpractice claims are usually built on a legal concept called "res ipsa loquitur." This law states that, in a lot of instances certain injuries are obvious and recognizable that they cannot be explained except by negligent acts.

Depending on the facts of the case, the plaintiff (the patient or their legally appointed representative) or their attorney can bring the case in federal or state court. The majority of malpractice cases are filed in state courts, but in certain circumstances the medical negligence lawsuit can be filed in federal district court.

Wrong Surgery

The wrong-site procedure is rare but it could be considered medical malpractice when the procedure is done in the wrong place on your body. This type of mistake is often caused by miscommunications between the surgical team, or by pressures on production that result in surgeons being assigned multiple surgeries scheduled at the same time. In these cases, a surgeon is not solely responsible for a misplaced operation because of a legal principle known as "res ipsa locquitur", which states that the outcome is a matter of fact and cannot be blamed on negligence.

If the patient is injured during a wrong-site procedure, he or her may require additional procedures to rectify problems that were exacerbated due to the error. Patients and their families are left with costly medical bills. It is important to take these costs into account when calculating the financial cost of medical malpractice lawsuits.

The majority of times surgeons are held accountable for surgical mistakes. They are responsible for preparing the patient for surgery, reviewing the chart and medical records of the patient, communicating with the rest of the medical staff, and making sure that the incision was made in the correct place. In certain instances hospitals or anesthesiologists can also be held liable. Medical malpractice claims are generally filed in state court however, they can be transferred under certain circumstances to federal court.