The Hidden Secrets Of Malpractice Lawyers

Common Causes of Malpractice Litigation

The process of bringing a malpractice lawsuit is a complex procedure. The question of whether or not an error is malpractice based on whether the patient is able to establish four legal elements which include professional duty; breach of this duty; harm due to the breach and quantifiable damages.

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

Undiagnosed or Incorrectly Diagnosed

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

Not every misdiagnosis is malpractice, however. Even highly skilled and experienced doctors make mistakes, therefore an allegation of malpractice needs to be supported by other factors such as breach, proximate causation, and actual injury. For instance the case where a physician is not careful to sterilize their equipment prior to administering anesthesia and the patient develops an infection due to the infection the doctor could be found to be negligent.

In the majority of cases, lawsuits that allege malpractice will be filed in the state trial court where the alleged misconduct occurred. However, federal courts could have jurisdiction in certain situations. For instance, a lawsuit may be brought in federal court in the event of an issue regarding the statute of limitations or when there is a significant variation in the citizenship of the parties involved in the case. Some claims can be settled through voluntary binding arbitration. This is a non-formal procedure that is governed by professional decision makers. It is designed to cut costs, speed up legal process, and reduce the risks associated with generous juries. However, arbitration is not accessible for all claims of malpractice.

Dosage for a drug that is not correct

Medication errors, also known as medication mistakes, are one of the most common causes of medical malpractice attorney lawsuits. These errors are caused by a doctor writing prescriptions in the wrong format or giving the patient the wrong dosage. These mistakes are usually avoidable. Depending on the circumstances the hospital, its staff, a pharmacist or other health professionals may be held liable for the injuries sustained by a patient who was prescribed the wrong dosage of a drug.

A doctor could prescribe wrong medication to a patient as a result of an incorrect diagnosis or simply due to a misreading of the prescription. A health care provider can also administer the incorrect dosage due to a failure in communication. For instance nurses may not read a doctor's prescription correctly or a pharmacist may fail to fill the prescription. In other instances doctors may delay in administering the correct medication to the patient, resulting in the patient's condition getting worse.

To be successful in a malpractice lawsuit, a victim must establish that the medical professional breached their standard of care, Malpractice lawsuit and that their negligence directly led to their injuries. This requires medical experts to be present. Additionally, a medical malpractice case must establish the severity of the injuries suffered by a victim and the damage they sustained as a result of the negligence. This includes the cost of treatment for a patient and any wages lost. The greater person's losses are in the greater value of the claim will be.

Unskillful Procedure

It might seem absurd that medical professionals would perform the incorrect procedure on a patient, but this type of incident occurs. A surgeon who commits the mistake could be held liable for malpractice. However patients who are injured by a surgical mistake could also be held accountable for any negligence that occurred along the path to the procedure.

Any health care professional who is accused of malpractice must prove that the patient was hurt by a specific action or omission to act. To establish this the legal team of the patient must show: (1) that the doctor was legally obligated to care for or treat the patient; (2) that he breached that duty; (3) that a causal connection exists between the negligence and injury; and (4) the harm results in damages that the legal system can deal with.

A breach of the duty of care is not relevant unless it causes injury, this is why medical malpractice claims are typically based on a legal doctrine called "res ipsa loquitur." This law states that, in the majority of cases certain injuries are so evident and obvious that they can only be explained through negligent acts.

Based on the facts of the situation, the plaintiff (the patient or their legally designated representative) or their attorney can file the claim in state or federal court. The majority of malpractice cases are filed in state court, however under certain circumstances, a medical malpractice lawsuit could be filed in federal district court.

Wrong Surgery

The procedure that is performed on the wrong site is not common, but can be considered medical malpractice when the procedure is done in the wrong location of your body. This kind of error is usually caused by miscommunications between the surgical team, or by production pressures that lead to surgeons being assigned multiple surgeries at once. In these situations the surgeon is not solely responsible for a misplaced procedure because of the legal principle of "res ipsa locquitur" which says that the result speaks for itself and cannot be blamed on negligence.

If a patient gets injured due to surgery performed on the wrong site the patient may require additional procedures to repair problems that are aggravated by the surgical error. This can result in high medical expenses for malpractice lawsuit patients as well as their families. These expenses must be considered when calculating the financial impact of medical malpractice lawsuits.

Surgeons are typically held liable for surgical errors as they are the ones who are responsible for properly making preparations for the operation by double-checking patient's chart and medical records, coordinating effectively with the other members of the medical team, and making sure that the incision is placed at the right place. In some cases the hospital or anesthesiologist may also be held responsible. Medical malpractice cases are typically filed in state courts, however, under certain circumstances, they can be transferred to federal court.