Common Causes of Malpractice Litigation

Malpractice litigation is a tense procedure. If a person can prove four elements, it will be able to determine whether or not the error is a case of malpractice. These are: a professional obligation or breach of that duty; a loss resulting from the breach; and quantifiable damage.

Plaintiffs must also prove these elements through evidence like expert testimony, depositions and discovery.

Misdiagnosis and Failure to Diagnose

Failure to diagnose an illness or injury accurately can cause serious complications, or death. Many medical malpractice cases result from mistakes in diagnosis. To prove negligence, the patient or their attorney must prove that a competent physician under similar circumstances and working in the same specialty would not have misdiagnosed the condition.

Misdiagnosis doesn't always mean negligence. Even the most skilled and trained doctors make mistakes, therefore any claim of malpractice has to be supported by other elements like breach, proximate causation, and actual injury. For instance the case where a physician does not take the time to sterilize their equipment before administering anesthesia and the patient develops an infection in the process the doctor may be found to be negligent.

In most cases, lawsuits alleging malpractice attorney will be filed in the state trial court in which the alleged malpractice took place. Federal courts may however have jurisdiction in certain instances. A claim may be filed before federal court in certain circumstances. For instance it could be the issue of the statute of limitations or when the parties have different citizenships. Additionally, some cases are resolved through binding arbitration that is voluntary. This is a less formal procedure involving professional decision makers that is designed to reduce costs, expedite legal proceedings and reduce the risk of overly generous juries. Arbitration is not accessible in all cases of malpractice.

Wrong Drug Dosage

Medication errors--also called medication mistakes--are one of the most frequent causes of medical malpractice lawsuits. They can be caused by a physician writing a prescription incorrectly or administering the wrong dosage to patients. These mistakes are often avoidable. Based on the circumstances the hospital or its staff, pharmacist or other health care professionals may be held liable for the harms suffered by the patient who received the wrong drug dosage.

A doctor may prescribe the wrong medication to a patient as a result of an incorrect diagnosis or simply due to a misreading of the prescription. A health care professional may also administer the wrong dosage due to a breakdown in communication. For example the nurse might take a doctor's prescription and read it incorrectly or a pharmacist might make an error when filling the prescription. In other situations the doctor may delay the administration of the correct medication to the patient, resulting in the patient's condition getting worse.

A person who suffers from a medical malpractice claim must prove, in order to win a malpractice lawsuit, that the medical professional violated their standard of practice and that their injuries were directly caused by the negligence. This requires medical experts to be present. Medical malpractice cases also must prove the extent and damages of the victim's injuries. This includes the costs of treatment as well as any lost wages. The greater person's losses are in the greater value of the claim will be.

Incorrect Procedure

This kind of situation is not uncommon. It may seem like a challenge for medical professionals to perform the incorrect procedure on patients, however, it is a reality. A surgeon who commits the mistake could be held accountable for negligence. However those who are injured by a surgical mistake could also be held responsible for any negligence that occurred along the process.

Any health professional who is accused of negligence must show that the patient was harmed through a specific act or omission to act. To prove this, the legal team of the patient must demonstrate: (1) that the doctor was legally obligated to treat or provide care to the patient; (2) that he breached that duty; (3) that a causal connection exists between the breach and injury; and (4) the injury results in damages the legal system can address.

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

Based on the facts depending on the facts, the plaintiff (the person who filed the claim or their legal representative) or their lawyer could choose to file in state or federal court. The majority of malpractice cases are filed in state courts, however in certain circumstances the case of medical negligence can be filed in federal district court.

Wrong Surgery

The procedure that is performed on the wrong site is not common however, it could be a case of medical malpractice if the procedure is performed in the wrong place on your body. This type of error is often caused by miscommunications between the surgical team, or by production pressures that lead to the surgeon performing multiple surgeries assigned at once. In these situations the surgeon isn't solely responsible for a misplaced procedure due to the legal principle known as "res ipsa locquitur" which says that the outcome speaks for itself and cannot be attributed to negligence.

If a patient gets injured during surgery that is performed on the wrong site it is possible that he or she will require additional procedures to repair issues that were caused due to the surgical error. This could result in expensive medical expenses for the patient and their families. It is crucial to consider these costs when calculating the financial costs of medical Malpractice Lawyer claims.

Surgeons are usually accountable for surgical errors as they are the ones who are responsible for properly preparing for the operation as well as double-checking the patient's charts and medical records, communicating effectively with the other members of the medical team and making sure that the incision has been done at the correct place. In some instances hospitals or anesthesiologists may also be held responsible. Medical malpractice claims are generally filed in state courts. However, under certain circumstances they may be transferred to federal courts.