Common Causes of Malpractice Litigation

Malpractice litigation involves a complex procedure. The question of whether or not an error is considered to be malpractice is dependent on whether the patient can prove four legal elements: a professional duty; breach of this duty; harm resulted from the breach and quantifiable damages.

Plaintiffs must also demonstrate these elements with evidence such as expert testimony, depositions, and discovery.

Incorrect diagnosis and failure to diagnose

A physician's inability to diagnose an illness or injury can result in grave complications, or even death. Misdiagnosis is a common reason for medical malpractice. To prove negligence, a person or their lawyer must demonstrate that a seasoned doctor in similar circumstances would not have misdiagnosed the condition.

There are many misdiagnosis that could be considered an error, but. Even highly trained and experienced doctors make mistakes. Therefore, the claim of malpractice must be supported by other factors such as breach, proximate cause and actual injury. If a doctor fails to sterilize his equipment prior the time he administers anesthesia, and the patient is infected due to this, the doctor might be guilty.

In the majority of instances, lawsuits claiming malpractice will be filed in the state trial court where the alleged error occurred. However, federal courts could be able to handle cases in certain circumstances. For instance, a case could be filed in federal court if it is an issue regarding the time limit for filing a claim or when there is a significant diversity of citizenship of the parties to the case. Certain disputes are settled through binding arbitration. This is a non-formal procedure that is governed by professional decision makers. It is designed to reduce expenses, speed up the legal process, and remove the risk associated with overly generous juries. However, arbitration isn't available for all claims of malpractice.

Dosage for a drug that is not correct

Medication errors are one of the main causes of medical malpractice lawsuits. They can be caused by a physician writing a prescription that is not correct or administering the wrong dosage to patients. These errors are usually preventable. In the event of an incident the situation, a pharmacist, a hospital or other health care providers could be held accountable for the harm caused by an individual who took the wrong dose of a medication.

A doctor could prescribe the wrong medication as a result of a misdiagnosis or simply not understanding the prescription correctly. A health professional may also prescribe the wrong dose due to an issue with communication for instance, when a nurse reads the doctor's handwritten prescription incorrectly or the pharmacist makes an error in filling out the prescription. In other situations, a doctor could delay the administration of the correct medication to the patient, resulting in their condition deteriorating.

To prevail in a malpractice claim lawsuit, a victim must establish that the medical professional did not meet their standard of care, and that negligence directly caused the injuries. This requires medical experts to be able to testify. In addition, a medical mishap case must demonstrate the extent of the victim's injuries and the damages they suffered because of the negligence. This includes the costs of a person's treatment and any wages lost. In general, the greater a loss is then, the more valuable the claim will be.

Wrong Procedure

This kind of incident is not unusual. It might seem unattainable for medical professionals to perform the wrong procedure on patients, however, it happens. The surgeon who makes the mistake could be held accountable for negligence. Patients who are injured because of an error in surgery could be held liable for any mistakes that were made during the procedure.

Any health professional who is accused of malpractice must show that the patient was injured by a specific action or inaction. To establish this, the legal team of the patient must show: (1) that the doctor was obligated to provide treatment or care to the patient; (2) that he did not fulfill that duty; (3) that a causal link exists between the negligence and injury; and (4) the injury causes damages that the legal system can address.

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

Based on the facts of the case, the plaintiff (the patient or their legally designated representative) or their attorney may bring the case in state or federal court. Most malpractice cases are filed in state court, but under certain circumstances, a medical malpractice case can be filed in federal district court.

Wrong Surgery

Surgery performed on the wrong site is a very rare error, but it may be considered medical malpractice attorney when the procedure is performed on the wrong area of the body. This type of error is often caused by miscommunication between members of a surgical team or production pressure that results in an individual surgeon being assigned multiple surgeries at one time. In these situations the surgeon is not solely responsible for an incorrect-site procedure because of the legal principle of "res ipsa locquitur" which states that the outcome is a matter of fact and cannot be attributed to negligence.

If the patient is injured during an improper procedure it is possible that the patient will require additional procedures to rectify problems that were made worse by the error. Patients and their families are left with costly medical bills. These costs should be taken into consideration when calculating the financial consequences of medical malpractice claims.

Surgeons are usually found to be responsible for surgical mistakes since they are the ones who are responsible for getting ready for the procedure and double-checking the patient's medical chart and medical records, communicating effectively with the other members of the medical team and making sure that the incision is located at the correct location. In certain instances the hospital or malpractice litigation anesthesiologist may also be held responsible. Medical malpractice attorneys cases are typically filed in state courts. However, in certain situations they may be transferred to federal court.