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Common Causes of Malpractice Litigation

Malpractice litigation can be a difficult procedure. Whether or not the error constitutes malpractice depends on the ability of the patient to establish four legal elements that include a professional obligation breach of this duty; injury caused by the breach and quantifiable damages.

Plaintiffs must also demonstrate these elements with evidence like expert testimony, depositions, or discovery.

Incorrect diagnosis and failure to diagnose

Failure to identify an injury or illness accurately can cause serious complications, or even death. The misdiagnosis of a patient is a frequent reason for medical negligence. To establish negligence, a patient or their lawyer must show that a skilled doctor in similar circumstances would not have misdiagnosed a problem.

Misdiagnosis does not always constitute negligence. Even highly skilled and experienced doctors make mistakes. Therefore, a claim of malpractice must be supported by other factors like breach, proximate causation and actual injury. If a physician fails to sterilize his equipment prior the time he administers anesthesia and the patient becomes infected because of this, Malpractice Lawyer the doctor might be liable.

Lawsuits alleging malpractice are typically filed in state trial courts where the alleged malpractice took place. However, federal courts might be able to handle cases in certain circumstances. For example, a claim could be filed in federal court if it is an issue regarding the time limit for filing a claim or when there is a substantial diversity of citizenship of those involved in the dispute. Some claims are settled by arbitration that is binding and voluntary. This is a less formal procedure involving professional decision makers that is intended to cut costs, expedite legal proceedings and eliminate the risk of overly generous juries. Arbitration is not available in all instances of misconduct.

Dosage for a drug that is not correct

Medication errors, often referred to as medication errors are among the main causes of medical malpractice lawsuits. These errors are caused by a physician who writes prescriptions in a wrong format or giving the patient the wrong dosage. These errors are usually preventable. In certain circumstances, a hospital or its staff, a pharmacist or other health care professionals may be held liable for the harms suffered by the patient who received the wrong dose of medication.

A doctor could prescribe the wrong drug because of a misdiagnosis or simply not understanding the prescription correctly. A health professional could also prescribe the wrong dosage because of an inability to communicate, such as when a nurse reads the doctor's handwritten prescription incorrectly or the pharmacist makes an error in filling out the prescription. In other cases doctors may delay in administering the correct medication to the patient, which could result in their condition worsening.

A victim must prove, in order to prevail on a malpractice lawsuit claim that the medical professional violated their standards of practice and that their injuries were directly caused by the negligence. This requires medical expert testimony. A medical malpractice claim also must establish the extent and severity of the victim's injuries. This includes the cost of treatment and any lost wage. The greater loss is then, the more valuable the claim will be.

The wrong procedure

It may seem impossible that medical professionals would perform the wrong procedure on a patient, but this type of mishap can occur. A surgeon who makes this error could be held accountable for negligence. If a patient is injured due to a surgical error may be held responsible for any errors that occured during the procedure.

A health professional accused of Malpractice lawyer has to prove that the patient was injured as a result of a specific act, or inability to perform the act. To establish this the legal team representing 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 resolve.

A breach of the duty of care is not relevant unless it causes injury, which is the reason medical malpractice claims are typically built on a legal concept called "res ipsa loquitur." This law says that, in the majority of cases certain injuries are so evident and obvious that they can only be explained through negligence.

Depending on the facts the plaintiff (the person who filed the claim or their legal representative) or their lawyer can choose to file in either state or federal court. The majority of malpractice cases are filed with state courts, however in certain situations the medical negligence lawsuit can be brought to federal district court.

Wrong Surgery

Surgery performed on the wrong site is a very rare error, but it may be considered medical negligence if the procedure is performed on the wrong part of the body. This kind of error is usually caused by miscommunications between members of the surgical team, or production pressures that result in a surgeon having multiple surgeries assigned at once. In these instances the surgeon isn't solely responsible for his or her responsibility for a surgery that was performed on the wrong site since there is a legal principle called "res ipsa loquitur" which means that the result of the error is evident and can be attributed to negligence.

If someone is injured during an incorrect procedure, he or her may require additional procedures in order to correct problems that were made worse by 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 lawsuits.

Most often surgeons are liable for surgical errors. They are responsible to prepare the patient for surgery, reviewing the chart and medical records of the patient, coordinating with the rest of the medical personnel, and ensuring that the incision was made in the correct place. However, in certain instances a hospital or anesthesiologist may be held accountable. Medical malpractice claims are typically filed in state court, however, they can be transferred under certain circumstances to federal court.