Common Causes of malpractice lawyers Litigation

Malpractice litigation is a complicated procedure. If a patient can demonstrate four elements, it will decide whether or not the error is a case of malpractice. These are: a professional obligation and a breach of that obligation; a repercussion from this breach; and measurable damages.

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

Incorrect diagnosis or failure to diagnose

Failure to diagnose an illness or injury accurately can result in serious complications, or death. A large number of medical malpractice cases involve mistaken diagnosis. To prove negligence the patient or their lawyer must demonstrate that a competent physician under similar circumstances and in the same specialty would not have missed the diagnosis.

It is not always a case of malpractice, however. Even highly-trained and experienced doctors can make mistakes. Therefore, any claim of malpractice must be backed up by other elements like breach, proximate cause and actual injury. If a doctor does not sterilize his equipment prior the time he administers anesthesia and the patient develops an infection due to this, the doctor could be found to be negligent.

Lawsuits alleging malpractice are typically filed in state trial courts, where the alleged malpractice occurred. Federal courts may be able to handle the case in certain instances. For instance, a claim may be brought in federal court if it is disputes over a statute of limitations or in the event of a significant difference in citizenship among the parties in the case. Certain claims are settled through binding arbitration. This is a less formal procedure with professional decision makers. It is designed to reduce costs, expedite legal proceedings and eliminate the risk of overly generous juries. Arbitration is not available in all cases of misconduct.

Wrong Drug Dosage

Medication errors, also referred to as medication mistakes, are one of the main causes of medical malpractice suits. These errors are caused by a physician who writes prescriptions in the wrong format or giving the patient the wrong dosage. These errors are generally preventable. According to the situation the pharmacy, hospital or other health care provider could be held accountable for the injuries caused by an individual who took the wrong dosage of a medication.

A doctor might prescribe the wrong medication because of a misdiagnosis or by simply failing to read the prescription. A health care provider may also administer the wrong dosage due to an interruption in communication, such as when nurses read the handwritten prescription of a doctor incorrectly or the pharmacist makes an error in filling out the prescription. In other cases the doctor may delay giving the correct medication, which can cause the patient's illness to getting worse.

A person seeking compensation must prove, for the sake of winning a malpractice lawsuit that the medical professional breached their standards of practice and that their injuries were directly attributed to the negligence. This requires medical experts to be present. Additionally, a medical malpractice case must prove the extent of a victim's injuries and the damages they suffered because of the negligence. This includes the cost of treatment and any wage loss. The more money you lose, the higher the value of the claim.

Wrong Procedure

It may seem impossible that medical professionals could perform the wrong procedure on a patient, however, this kind of thing can occur. If a surgeon makes this kind of error could be held to be liable for negligence. However the patient who is injured due to a surgical error can also be held accountable for any negligence that occurred on the path to the procedure.

A health professional accused of malpractice must prove that the patient was injured as a result of an act or failure to perform the act. To establish this the legal team representing the patient must demonstrate: (1) that the doctor had a responsibility to provide treatment or care to the patient; (2) that he did not fulfill that duty; (3) that a causal link exists between the breach and injury and (4) the injury causes damages that the legal system can address.

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

Depending on the circumstances of the situation, the plaintiff (the patient or their legally appointed representative) or their lawyer may make the claim in a state or federal court. Most malpractice cases are filed in state courts, however in certain circumstances, a medical malpractice lawsuit may be filed in federal district court.

Wrong Surgery

A wrong-site procedure 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 miscommunications between members of the surgical team, or due to production pressures that result in surgeons having multiple surgeries assigned at once. In these instances the surgeon is not solely responsible for a wrong-site procedure due to the legal principle of "res ipsa locquitur" which states that the result speaks for itself and cannot be attributed to negligence.

If a patient gets injured due to surgery performed on the wrong site, he or she may require additional treatments to correct problems that are aggravated by the surgical mistake. Patients and their families are left with expensive medical bills. It is crucial to take these costs into consideration when calculating the financial burden of medical malpractice lawsuits.

The majority of times surgeons are liable for surgical mistakes. They are responsible in preparing the patient for surgery, reviewing the chart and medical records of the patient, communicating with the rest of the medical team, and ensuring that the incision was placed in the proper location. In some cases an anesthesiologist or hospital can also be held liable. Medical malpractice cases are typically filed in state courts. However, under certain circumstances, they can be transferred to federal court.