Common Causes of Malpractice Litigation

The legal process for defending malpractice is a complex procedure. The question of whether or not an error is considered to be malpractice is dependent on the ability of the patient to establish four legal elements: a professional duty and breach of this duty; injury resulted from the breach and tangible damages.

Plaintiffs must be able to prove the elements using evidence, such as expert testimony and depositions.

Incorrect diagnosis and failure to diagnose

Failure to correctly diagnose an illness or injury accurately could lead to serious complications, or death. It is a typical reason for medical malpractice. 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 problem.

Every misdiagnosis can be considered to be malpractice, however. Even highly trained and experienced doctors make mistakes, so a claim of malpractice must be supported by other factors like breach, proximate cause and actual injury. For instance the case where a physician does not take the time to sterilize their equipment prior to giving anesthesia, and the patient develops an infection as a result the doctor may be liable for Malpractice lawyers.

The majority of lawsuits involving malpractice are filed in state trial courts where the alleged misconduct occurred. However, federal courts could have jurisdiction in certain situations. A case can be brought before federal court in certain circumstances. For instance it could involve the issue of a statute of limitation or if the parties are of different nationalities. Alternatively, some claims are settled through voluntary binding arbitration. This is a non-formal procedure which involves professionals who make the decisions. It is designed to cut costs, expedite the legal process, and reduce the risks associated with generous juries. However, arbitration is not available for all malpractice claims.

Dosage of a drug that is incorrect

Medication errors, also known as medication mistakes, are one of the main reasons for medical malpractice lawsuits. They can be the result of a doctor writing a prescription that is not correct or delivering the wrong dose to the patient. These errors are generally preventable. Depending on the circumstances the hospital, its staff, a pharmacist or other health care provider could be held accountable for the injuries suffered by patients who were given the wrong dosage of a drug.

A doctor could prescribe the wrong medication as a result of a misdiagnosis or simply failing to read the prescription. A health care professional may also prescribe the wrong dosage due to a lapse in communication. For instance the nurse might interpret a doctor's prescription incorrectly or a pharmacist may fail to fill the prescription. In other instances the doctor could delay giving the correct medication, which can cause the patient's condition to worsening.

To be successful in a malpractice lawsuit, a victim must prove that the medical professional violated their standards of care and that the negligence directly caused their injuries. This requires medical experts to provide evidence. Additionally, a medical malpractice lawyers case must prove the extent of the victim's injuries and the damage they sustained as a result of the negligence. This includes the cost of treatment for a patient and any wages lost. The more money you lose is, the more valuable of the claim.

Wrong Procedure

It may seem impossible that medical professionals would perform the wrong procedure on a patient, but this type of mishap can occur. If a surgeon makes this error can be found accountable for negligence. However those who are injured by a surgical mistake may also be held liable for any negligence that occurred during the way to the procedure.

Any health care professional who is accused of malpractice must show that the patient was hurt through a specific act or omission to act. To prove this the legal counsel of the patient must demonstrate that: (1) the doctor was bound by the obligation to provide medical care or treatment; (2) that the doctor did not fulfill this duty; (3) that there is a direct causal link between the breach and the injury and (4) that the injury results in damages that the legal system is able to deal with.

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

Based on the facts of the case, the plaintiff (the patient or their legally designated representative) or their attorney may present the claim to federal or state court. Most malpractice cases are filed in state courts, however under limited circumstances, a medical malpractice lawsuit could be filed in federal district court.

Wrong Surgery

The wrong-site surgery is rare but it could be considered medical malpractice when the procedure is done in the wrong part of your body. This kind of error is usually the result of miscommunications between the surgical team, or due to production pressures that result in surgeons being assigned multiple surgeries scheduled at the same time. In these instances the surgeon is not solely responsible for a misplaced operation because of a legal principle known as "res ipsa locquitur" which states that the outcome speaks for itself and cannot be attributed to negligence.

If someone is injured during a wrong-site procedure the patient may require additional procedures in order to correct problems that were exacerbated by the error. Patients and their families are left with high medical bills. It is important to keep these costs in mind when calculating the financial impact of medical malpractice claims.

Surgeons are most often accountable for surgical errors because they are the ones who are responsible for properly getting ready for the procedure by double-checking patient's chart and medical records, coordinating effectively with other members of the medical team and making sure that the incision is located at the correct location. However, in some cases an anesthesiologist or hospital may also be liable. Medical malpractice lawsuits are usually filed in state courts, but in certain situations, they can be transferred to federal courts.