Common Causes of Malpractice Litigation

Malpractice litigation is a tense process. If an error is malpractice based on the ability of the patient to prove four legal elements that include a professional obligation breach of this duty; harm caused by the breach and damages that can be quantifiable.

Plaintiffs must demonstrate these elements with evidence like expert testimony, depositions, and discovery.

The wrong diagnosis and the inability to recognize

A physician's inability to correctly diagnose an illness or injury could lead to grave complications, or even death. A large number of medical malpractice cases involve mistakes in diagnosis. To prove negligence, a patient or their lawyer must show that a seasoned doctor in similar circumstances would not have misdiagnosed the condition.

Misdiagnosis doesn't always mean negligence. Even highly experienced and trained doctors are not immune to mistakes. Therefore, a claim of malpractice must be backed up by other elements like breach, proximate cause or actual injury. If a doctor fails sterilize his equipment prior to giving anesthesia, and the patient gets infected due to this, the doctor might be liable.

In most cases, lawsuits alleging malpractice will be filed in the state trial court in which the alleged malpractice law firms took place. Federal courts could however have jurisdiction in certain situations. A case can be brought before federal court in certain circumstances. For example it could involve a dispute about the statute of limitations or when the parties are of different citizenships. In other cases, certain claims are resolved through binding arbitration that is voluntary. This is a less formal process involving professional decision makers that is designed to reduce costs, speed up legal proceedings and eliminate the risk of overly generous juries. Arbitration is not accessible in all cases of malpractice.

Wrong Drug Dosage

Medication mistakes, also referred to as medication errors, are one of the main causes of medical malpractice lawsuits. These errors are caused by a doctor writing a prescription in the wrong format, or giving the patient the wrong dosage. These errors are usually preventable. According to the circumstances an individual pharmacy, hospital or other health care provider could be held accountable for the injuries resulting from patients who were given the wrong dosage of a medication.

A doctor might prescribe the wrong medication to a patient because of an incorrect diagnosis or simply because they misread the prescription. A health professional could also prescribe the wrong dosage because of an issue with communication for instance, when nurses read the doctor's handwritten script in error or the pharmacist commits an error in filling the prescription. In other situations the doctor may delay the proper medication to the patient, which could result in their condition deteriorating.

A victim must prove, in order to win a malpractice claim, that the medical professional violated their standards of practice and that their injuries were directly attributed to the negligence. This requires the testimony of a medical expert. Moreover, a medical malpractice case must establish the severity 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 wages lost. The more money you lose is, the more valuable of the claim.

Incorrect Procedure

This kind of incident is not uncommon. It might seem impossible for medical professionals to perform the wrong procedure on patients however, it happens. A surgeon who makes this mistake could be held liable for malpractice lawyer. However those who are injured due to a surgical error could also be held responsible for any negligence that occurred along the way to the procedure.

Any health professional who is accused of malpractice must prove that the patient was hurt by a specific action or failure to act. To prove this the legal team of the patient must demonstrate: (1) that the doctor had a responsibility to provide treatment or care to the patient; (2) that he failed to fulfill his obligation; (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 duty of care has no significance unless it results in injury. This is the reason medical malpractice cases tend to be built on the legal principle "res ipsa locquitur" which says that certain injuries are so obvious that they can only be explained by negligence.

Based on the circumstances depending on the facts, the plaintiff (the person who filed the claim or their legal representative) or their lawyer can decide to file a lawsuit in federal or state court. Most malpractice cases are filed in state court. However, in certain circumstances the medical malpractice lawsuit can be filed in federal district court.

Wrong Surgery

A wrong-site procedure is a rare error, but it may be considered medical negligence if the procedure is performed on the wrong side of the body. This kind of error is usually the result of miscommunications between members of the surgical team, or pressures on production that result in surgeons being assigned multiple surgeries at once. In these cases, a surgeon is not solely accountable for a mistaken-site operation due to the legal principle of "res ipsa locquitur", which states that the outcome is a matter of fact and cannot be blamed on negligence.

When a patient is injured during surgery that is performed on the wrong site and is injured, they may require additional treatments to correct problems caused due to the surgical error. This leads to costly medical expenses for patients and their families. These expenses must be considered when calculating the financial consequences of medical malpractice lawsuits.

Surgeons are most often held liable for surgical errors because they are the individuals who are accountable for getting ready for the procedure 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 made on the correct site. In some instances, a hospital or anesthesiologist may also be held responsible. Medical malpractice lawsuits are usually filed in state courts. However, in certain situations, they can be transferred to federal courts.