Common Causes of Malpractice Litigation

The legal process for defending malpractice lawyers is a complex process. If a patient is able to prove four factors, it will determine whether or not the mistake is a case of malpractice. These are professional obligations and a breach of that obligation; a repercussion from this breach; and quantifiable damages.

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

Incorrect diagnosis and failure to diagnose

Failure to identify an injury or illness accurately can result in serious complications, or death. Incorrect diagnosis is a common reason for medical malpractice. To prove negligence the patient or their attorney must show that a competent doctor under similar circumstances and working in the same field would not have missed the diagnosis.

Not every misdiagnosis is malpractice, however. Even highly experienced and trained doctors can make errors. Therefore, any claim for malpractice must be backed by other elements like breach, proximate cause and actual injury. For example, if a physician does not take the time to sterilize their equipment prior to administering anesthesia and the patient suffers an infection because of it the doctor could be found to be negligent.

In most instances, lawsuits claiming that there was a mistake will be filed in the state trial court where the alleged misconduct occurred. However, federal courts may have jurisdiction under limited circumstances. A claim can be brought before a federal court in certain circumstances. For instance it could involve the issue of the statute of limitations or when the parties have different nationalities. Some claims are settled by binding arbitration. This is a less formal process which involves professional decision makers and is intended to cut costs, speed up legal proceedings and eliminate the risk of overly generous juries. Arbitration is not available in all cases of malpractice.

Wrong Drug Dosage

Medication mistakes, also referred to as medication errors, are one of the most common causes of medical malpractice lawsuits. They can involve a physician prescribing a prescription in error or administering the wrong dosage to patients. These errors are often preventable. Based on the circumstances, a hospital or its staff, pharmacist or other health care provider could be held accountable for the harms suffered by patients who were given the wrong dosage of medication.

A doctor can prescribe the wrong medication as a result of a misdiagnosis, or simply misreading the prescription. A health care provider can also prescribe the wrong dosage due to a lapse in communication. For instance, a nurse may read a doctor's script incorrectly or a pharmacist could have a mistake while filling the prescription. In other instances, the physician may delay the proper medication, which can cause the patient's illness to getting worse.

In order to be successful in a malpractice case, a victim must prove that the medical professional did not meet their standards of care and that the negligence directly caused the injuries. This requires the testimony of a medical expert. Medical malpractice cases also must establish the extent and the damages caused by the victim's injuries. This includes the cost of treatment for the victim as well as any wages lost. Generally, the greater a person's losses are and the greater the value of the claim will be.

Unskillful Procedure

It's not likely that medical professionals could perform the wrong procedure on a patient however, this kind of thing occurs. A surgeon who commits this error could be held liable for negligence. If a patient is injured because of a surgical error may be held liable for any errors that occured during the procedure.

Any health care professional who is accused of misconduct must show that the patient was harmed due to a specific act or failure to act. To establish this, the legal team of the patient must demonstrate: (1) that the doctor was obligated to provide care or treat the patient; (2) that he did not fulfill that duty; (3) that a causal link exists between the negligence and injury; and (4) the harm results in damages that the legal system could address.

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

Depending on the circumstances of the case, the plaintiff (the patient or their legally appointed representative) or their attorney can present the claim to state or federal court. The majority of malpractice lawsuit cases are filed in state courts, however in certain situations, a medical negligence lawsuit could be filed with a federal district court.

Wrong Surgery

The wrong-site surgery isn't common but it can be considered medical malpractice when the procedure is done in the wrong part of your 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 one time. In these cases, the surgeon is not solely responsible for his or her responsibility for an incorrect-site procedure due to the legal principle known as "res ipsa loquitur" which means that the outcome of the error speaks for itself and cannot be attributed to negligence.

If someone 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 due to the error. Patients and their families are left with costly medical bills. These expenses should be taken into consideration when calculating the financial consequences of medical malpractice claims.

Surgeons are often found to be responsible for surgical mistakes since they are the ones who are responsible for properly making preparations for the operation as well as double-checking the patient's charts and medical records, coordinating effectively with the other members of the medical team, and making sure the incision is located at the correct location. In certain instances the hospital or anesthesiologist could also be held accountable. Medical Malpractice Lawyers claims are generally filed in state court however, they can be transferred under certain circumstances to federal court.