Common Causes of Malpractice Litigation

Malpractice litigation involves a complex procedure. If a patient can demonstrate four elements, it will decide whether or not the mistake is a case of malpractice. These are professional obligations in breach of this duty; an injury resulting from this breach; and measurable damage.

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

The wrong diagnosis and the inability to recognize

The failure of a physician to accurately diagnose an illness or injury could result in grave complications, or even death. Incorrect diagnosis is a common reason for medical negligence. To prove negligence the patient or their lawyer must demonstrate that a competent doctor under similar circumstances and working in the same specialty would not have misdiagnosed the condition.

Every misdiagnosis can be considered to be an error, but. Even highly skilled and experienced doctors can make mistakes. Therefore, a claim of malpractice lawyer has to be backed up by other elements, such as breach, proximate reason and actual injury. If a doctor fails sterilize his equipment prior to administering anesthesia and the patient develops an infection as a result of this, the doctor may be found to be negligent.

In the majority of cases, lawsuits that allege malpractice will be filed in the state trial court where the alleged error occurred. Federal courts can be able to hear cases in certain instances. For instance, a claim could be filed in federal court in the event of the interpretation of the statute of limitations or if there is a substantial diversity of citizenship of the parties to the case. In other cases, certain claims are settled through voluntary binding arbitration. This is a less formal process which involves professionals who make the decisions. It is designed to lower expenses, speed up the legal process, and reduce the risk of overly large juries. Arbitration is not always available in cases of malpractice.

Dosage of a drug that is incorrect

Medication errors, also referred to as medication mistakes are among the main reasons for medical malpractice lawsuits. They can be caused by a physician writing a prescription incorrectly or administering the wrong dosage to a patient. These errors are generally preventable. According to the circumstances, a hospital staff member, a pharmacist or other health care providers could be held accountable for the injuries suffered by the patient who received the wrong dosage of a drug.

A doctor might prescribe the wrong drug because of a misdiagnosis or simply making a mistake in the prescription. A health professional may also administer the wrong dosage because of a breakdown in communication for example, when a nurse reads the doctor's handwritten script in error or the pharmacist makes an error in filling out the prescription. In other instances the doctor could delay the proper medication, which could result in the patient's health worsening.

In order to be successful in a malpractice lawsuit, a victim must show that the medical professional breached their standards of care and that the negligence directly contributed to the injuries. This requires medical expert testimony. Moreover, a medical malpractice case must prove the extent of the victim's injuries and the damages they suffered as a result of the negligence. This includes the cost of treatment as well as any lost wages. The more the loss is, the more valuable of the claim.

Wrong Procedure

This type of incident is not uncommon. It might seem impossible for medical professionals to carry out the wrong procedure on patients but it does happen. A surgeon who commits the mistake could be held accountable for malpractice. A patient who suffers injury due to an error during surgery may be held responsible for any error that occurred during the procedure.

A health professional accused of Malpractice Lawyers must prove that the patient was injured because of the specific act or failure to perform the act. To establish this the legal team of the patient must prove that: (1) the doctor was bound by the obligation to provide medical care or treatment; (2) that the doctor breached the duty of care; (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 could deal with.

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

Based on the circumstances depending on the facts, the plaintiff (the person who filed the claim or their legal representative) or their lawyer could choose to file in either state or federal court. Most malpractice cases are filed in state court, but in certain circumstances the medical malpractice lawsuit may be filed in federal district court.

Wrong Surgery

The wrong-site procedure is rare however, it could be a case of medical malpractice if the procedure is performed in the wrong place on your body. This type of error is usually due to miscommunication between members of a surgical team or production pressure that leads to the surgeon being tasked with multiple surgeries at one time. In these situations the surgeon isn't alone in his or her responsibility for a surgery that was performed on the wrong site since there is a legal principle called "res ipsa loquitur" which means that the result of the error speaks for itself and can only be attributed to negligence.

If the patient is injured during an operation that was performed on the wrong site, he or her may require additional procedures to rectify problems that were aggravated by the error. This can result in high medical expenses for patients as well as their families. It is essential to take these costs into consideration when calculating the financial costs of medical malpractice claims.

Surgeons are often accountable for surgical errors as they are the ones who are accountable for getting ready for the procedure, double-checking the patient's chart and medical records, communicating effectively with the other members of the medical team and making sure the incision is done at the correct place. In certain instances an anesthesiologist or hospital could also be held accountable. Medical malpractice law firms cases are typically filed in state courts. However, under certain circumstances, they can be transferred to federal court.