Common Causes of Malpractice Litigation

The process of bringing a malpractice lawsuit is a complex procedure. If a patient can demonstrate four factors, it will determine whether or not the mistake is malpractice. These are professional obligations in breach of this duty; an injury resulting from this breach; and quantifiable damage.

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

Incorrect diagnosis and failure to diagnose

Failure to correctly diagnose an illness or injury accurately can result in serious complications, or death. Misdiagnosis is a common reason for medical negligence. To prove negligence, a person or their lawyer must show that a seasoned doctor in similar circumstances would not have misdiagnosed the condition.

Every misdiagnosis can be considered to be negligence, but. Even highly experienced and trained doctors make mistakes. Therefore, a claim of malpractice must be backed by other factors, such as breach, proximate cause and actual injury. For instance the case where a physician is not careful to sterilize their equipment before administering anesthesia and the patient suffers an infection in the process the doctor may be guilty of malpractice.

The majority of lawsuits involving malpractice are filed in state trial courts where the alleged malpractice took place. However, federal courts may be able to hear cases in specific circumstances. A case may be brought before a federal court under certain circumstances. For instance it could be the issue of a statute of limitation or when the parties are of different nationalities. Certain claims are settled through binding voluntary arbitration. This is a less-formal process that involves professional decision makers. It is designed to cut expenses, speed up the legal process, and reduce the risk that comes with generous juries. However, arbitration is not available for all claims of malpractice.

Wrong Drug Dosage

Medication errors, also referred as medication mistakes are among the leading causes of medical malpractice suits. They can be the result of a doctor prescribing the wrong medication or giving the wrong dosage to a patient. These errors are usually avoidable. According to the circumstances, a hospital, its staff, a pharmacist or other health care providers could be held responsible for the harms suffered by patients who were given the wrong dosage of a drug.

A doctor may prescribe the incorrect medication to a patient as a result of an incorrect diagnosis or simply due to a misreading of the prescription. A health care provider may also administer the wrong dosage because of an inability to communicate for example, when nurses read the doctor's handwritten script in error or the pharmacist makes a mistake in filling out the prescription. In other cases the doctor might delay the proper medication, which could result in the patient's health worsening.

To prevail in a malpractice case, the victim must prove that the medical professional did not meet their standards of care and that the negligence directly contributed to their injuries. This requires medical experts to testify. Medical malpractice cases also must prove the severity and the damages caused by the victim's injuries. This includes the cost of treatment and any wage loss. The more loss you suffer is, the more valuable of the claim.

Unskillful Procedure

This type of incident is not unusual. It may seem impossible for medical professionals to perform the wrong procedure on patients however, it is a reality. A surgeon who commits this mistake can be held accountable for malpractice. However the patient who is injured due to a surgical error Malpractice Lawyers can also be held accountable for any negligence that occurred during the path to the procedure.

A health care professional who is accused of malpractice must demonstrate that a patient was injured by the specific act or failure to take action. To establish this the legal counsel of the patient must prove that (1) the doctor was under an obligation to provide care or treatment; (2) that the doctor breached the duty of care; (3) that there is a direct causal link between the breach and the injury and (4) that the injury causes damages that the legal system could be able to address.

A breach of the duty of care has no significance unless it causes injury that's why medical malpractice claims are usually based on a legal doctrine called "res ipsa loquitur." This law says that, in a majority of cases, certain injuries are so evident and obvious that they cannot be explained except by negligence.

Depending on the circumstances of the situation, the plaintiff (the patient or their legally appointed representative) or their lawyer may file the claim in state or federal court. Most malpractice lawyers cases are filed in state court, however under certain circumstances medical malpractice attorney lawsuits can be brought in federal district court.

Wrong Surgery

The wrong-site surgery is rare but it could be considered medical malpractice when the procedure is performed in the wrong part of your body. This kind of error is usually due to miscommunication between the members of a surgical team or production pressure that leads to the surgeon being tasked with multiple surgeries at once. In these situations the surgeon isn't solely responsible for a misplaced operation because of a legal rule known as "res ipsa locquitur" which states that the result is a matter of fact and cannot be blamed on negligence.

If a patient is injured as a result of surgery done on the wrong location it is possible that he or she will require additional treatments to correct problems caused by the surgical mistake. Patients and their families are left with expensive medical bills. It is important to take these costs into account when calculating the financial impact of medical malpractice lawsuits.

Surgeons are often held liable for surgical errors as they are the ones who are responsible for prepping for the operation, double-checking the patient's chart and Malpractice lawyers medical records, communicating effectively with other members of the medical team, and making sure that the incision is located at the correct location. However, in certain instances an anesthesiologist or hospital may also be liable. Medical malpractice attorney cases are typically filed in state courts. However, in certain situations they may be transferred to federal court.