Common Causes of Malpractice Litigation

Malpractice litigation is a complicated procedure. The question of whether or not the error constitutes malpractice depends on whether the patient is able to prove four legal elements that include a professional obligation and breach of this duty; harm resulting from the breach; and the possibility of quantifiable damages.

Plaintiffs must also prove these elements by presenting evidence such as expert testimony, depositions, or discovery.

Misdiagnosis or Failure to Diagnose

Failure to correctly diagnose an injury or illness in a timely manner can lead to serious complications, or death. Misdiagnosis is a common reason for medical negligence. To prove negligence, the patient or their lawyer must demonstrate that a competent doctor in similar circumstances and working in the same specialty would not have misdiagnosed the condition.

Every misdiagnosis can be considered to be an error, but. Even highly trained and experienced doctors make mistakes, and any claim of malpractice has to be supported by other elements such as breach, proximate causation and actual injury. For instance If a doctor fails to properly sterilize their equipment prior to administering anesthesia and the patient suffers an infection because of it the doctor may be liable for malpractice.

In the majority of instances, lawsuits claiming that there was a mistake will be filed in the state trial court where the alleged misconduct occurred. Federal courts could be able to handle the case in certain circumstances. A case may be brought before a federal court under certain circumstances. For example, it may involve the issue of a statute of limitation or if the parties are of different nationalities. Alternatively, some claims are settled through voluntary binding arbitration. This is a less formal process that involves professional decision makers. It is designed to lower costs, expedite the legal process, and remove the risk associated with overly large juries. However, arbitration is not available for all malpractice claims.

Dosage for a drug that is not correct

Medication errors, also known as medication mistakes, are one of the main causes of medical malpractice lawsuits. They can be caused by a physician prescribing the wrong medication or delivering the wrong dose to patients. These errors are typically preventable. According to the situation, a pharmacy, a hospital or other health care providers could be held responsible for the injuries caused by a patient who was given the wrong dosage of a medication.

A doctor could prescribe the wrong medication because of a misdiagnosis. Or, simply not understanding the prescription correctly. A health care professional may also prescribe the wrong dosage due to a failure in communication. For instance nurses may interpret a doctor's prescription incorrectly or a pharmacist might make a mistake when filling the prescription. In other cases, a doctor could delay in administering the correct medication to the patient, resulting in their condition becoming worse.

A plaintiff must prove in order to win a malpractice claim, that the medical professional breached their standard of practice and that their injuries were directly caused by the negligence. This requires medical experts to be present. A medical malpractice attorneys claim also must prove the extent and damage of the victim's injuries. This includes the cost of treatment as well as any wages lost. The greater the loss of the claim, the greater the value of the claim.

Wrong Procedure

It might seem unlikely for medical professionals to perform the wrong procedure on a patient, but this type of mishap can occur. If a surgeon makes this mistake could be held liable for malpractice. However the patient who is injured due to a surgical error can also be held accountable for any negligence that occurred along the process.

A health professional accused of malpractice must demonstrate that a patient was injured by an action or failure to take action. To establish this the legal team 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 and causal connection between the breach and the injury; and (4) that the injury causes damages that 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 founded on the legal doctrine "res ipsa locquitur," which states that certain injuries are so obvious they can only be explained by negligence.

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

Wrong Surgery

The wrong-site surgery isn't common however, it could be a case of medical malpractice when the procedure is performed in the wrong part of your body. This kind of error is usually the result of miscommunications between the surgical team, or due to production pressures that lead to surgeons being assigned multiple surgeries at once. In these instances, the surgeon is not alone in his or her responsibility for a surgical error that is not performed correctly since there is an underlying legal principle referred to as "res ipsa loquitur" which means that the effect of the error speaks for itself and cannot be attributed to negligence.

If the patient is injured during an improper procedure the patient may require additional procedures to rectify issues that were caused due to the error. Patients and their family members are left with hefty medical bills. These costs should be considered when calculating the financial impact of medical malpractice Lawyer claims.

Most often surgeons are liable for surgical errors. They are responsible in preparing the patient for surgery, reviewing the medical records and chart of the patient, coordinating with the medical team, and ensuring that the incision was made in the correct place. In some cases hospitals or anesthesiologists may also be held responsible. Medical malpractice claims are usually filed in state courts, however, in certain situations, they can be transferred to federal court.