Common Causes of Malpractice Litigation

The process of bringing a malpractice lawsuit is a complex procedure. The question of whether or not an error constitutes malpractice depends on whether the patient can establish four legal elements such as a professional duty breach of this duty; injury resulting from the breach; and the possibility of quantifiable damages.

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

Incorrect diagnosis and inability to diagnose

Failure to identify an injury or illness correctly can cause serious complications, or even death. It is a typical cause of medical malpractice. To prove negligence, the patient or their attorney must show that a competent doctor in similar circumstances and in the same area would not have misdiagnosed the problem.

There are many misdiagnosis that could be considered malpractice, however. Even highly trained and experienced doctors make mistakes, so any claim of malpractice has to be supported by other factors such as breach, proximate causation and actual injury. For instance the case where a physician does not properly sterilize their equipment before administering anesthesia, and the patient develops an infection due to the infection the doctor may be found to be negligent.

In the majority of cases, lawsuits alleging malpractice will be filed in the state trial court in which the alleged misconduct occurred. Federal courts could, however, have jurisdiction in certain situations. A claim may be filed before a federal court in certain circumstances. For example it could be an issue regarding a statute of limitation or if the parties are of different citizenships. In other cases, certain claims are resolved through binding arbitration that is voluntary. This is a less formal procedure involving professional decision makers that is designed to cut costs, speed up legal proceedings and remove the risk of overly generous juries. Arbitration is not accessible in all cases of misconduct.

Wrong Drug Dosage

Medication errors are one of the most common causes of medical malpractice lawsuits. They can be the result of a doctor prescribing a prescription in error or giving the wrong dosage to a patient. These errors are usually preventable. According to the circumstances the hospital, its staff, a pharmacist or other health care providers may be held liable for the injuries suffered by the patient who received the wrong drug dosage.

A doctor could prescribe the incorrect medication to a patient as a result of an incorrect diagnosis or simply because he/she misreads the prescription. A health professional could also prescribe the wrong dosage due to a lapse in communication. For instance the nurse might take a doctor's prescription and read it incorrectly or a pharmacist may have a mistake while filling the prescription. In other instances, a doctor could delay the administration of the correct medication to the patient, which could result in the patient's condition getting worse.

To win a malpractice case, a victim must demonstrate that the medical professional acted in breach of their standard of care and that negligence directly caused their injuries. This requires testimony from a medical expert. Medical malpractice cases also must prove the severity and the damages caused by the victim's injuries. This includes the costs of a person's treatment and any lost wages. The greater the loss the greater the value of the claim.

Wrong Procedure

This kind of situation is not uncommon. It may seem like a challenge for medical professionals to perform the wrong procedure on patients however, it is a reality. A surgeon who makes this mistake could be held to be liable for negligence. However the patient who is injured due to a surgical error could also be held accountable for any negligence that occurred during the way to the procedure.

A health care professional accused of malpractice lawyer (https://www.mallangpeach.com) must demonstrate that a patient was injured by an act or inability to act. To prove this, the patient's legal team must show that: (1) the doctor was in an obligation to provide treatment or treatment; (2) that the doctor violated that duty; (3) that there is a direct causal connection between the breach and the injury and (4) that the injury results in damages which the legal system has the power to resolve.

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

Based on the facts the plaintiff (the person who filed the claim or their legal representative) or their lawyer could decide to file the claim in federal or state court. The majority of malpractice cases are filed with state courts, but in certain situations, a medical negligence lawsuit could be filed with a federal district court.

Wrong Surgery

Surgery performed on the wrong site is a very rare error, but it could be considered medical negligence if the procedure is carried out on the wrong portion of the body. This type of mistake is usually the result of miscommunications between the surgical team, or production pressures that lead to the surgeon performing multiple surgeries at once. In these instances the surgeon isn't all-in on his responsibility for a surgery that was performed on the wrong site due to a legal principle called "res ipsa loquitur" which means that the result 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 it is possible that the patient will need additional procedures to correct problems that were exacerbated by the mistake. Patients and their families are left with expensive medical bills. These costs should be taken into consideration when calculating the financial impact of medical malpractice claims.

The majority of times surgeons are liable for surgical errors. They are accountable in preparing the patient prior to surgery, reviewing the medical records and charts of the patient, coordinating with the medical staff, and ensuring that the incision was placed in the proper location. In certain instances, a hospital or anesthesiologist can also be held liable. Medical malpractice cases are usually filed in state courts, but may be transferred in certain circumstances to federal court.