10 Places To Find Malpractice Lawyers

Common Causes of Malpractice Litigation

Malpractice litigation can be a difficult procedure. The degree to which an error is considered to be malpractice is dependent on whether the patient is able to prove four legal elements which include professional duty; breach of this duty; injury caused by the breach and tangible damages.

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

Incorrect diagnosis or failure to diagnose

Failure to correctly diagnose an injury or illness in a timely manner can result in serious complications, or death. Many medical malpractice cases result from misdiagnosis. To prove negligence the patient or their attorney must demonstrate that a competent physician under similar circumstances and in the same area would not have misdiagnosed the condition.

The misdiagnosis of a patient does not always mean negligence. Even highly trained and experienced doctors make mistakes, therefore a claim of malpractice must be supported by other elements such as breach, proximate cause and actual injury. For instance the case where a physician does not take the time to sterilize their equipment prior to administering anesthesia and the patient suffers an infection in the process, the doctor could be liable for malpractice.

In most cases, lawsuits alleging malpractice will be filed in the state trial court where the alleged error occurred. However, federal courts might be able to hear cases in specific circumstances. For instance, a case could be filed in federal court if there is the interpretation of the statute of limitations or if there is a substantial variety of citizenship among those involved in the dispute. Certain disputes are settled via binding voluntary arbitration. This is a less formal procedure that involves professional decision makers. It is designed to minimize expenses, speed up the legal proceedings, and eliminate the risk associated with overly large juries. However, arbitration isn't available for all claims of malpractice.

Dosage of a drug that is incorrect

Medication errors are one of the most frequent causes of medical malpractice lawsuits. They can be the result of a doctor writing a prescription that is not correct or giving the wrong dosage to a patient. These mistakes are often avoidable. In certain circumstances the hospital staff member, a pharmacist or other health professionals could be held responsible for the injuries suffered by a patient who was prescribed the wrong drug dosage.

A doctor may prescribe the wrong drug because of a misdiagnosis or simply making a mistake in the prescription. A health care provider may also administer the wrong dosage due to an interruption in communication for example, when nurses read the doctor's handwritten script in error or the pharmacist makes an error in filling out the prescription. In other cases the doctor might delay the proper medication, which could cause the patient's illness to getting worse.

In order to be successful in a malpractice lawsuit, a victim must demonstrate that the medical professional violated their standard of care, and that the negligence directly contributed to their injuries. This requires medical experts to be present. A medical malpractice case also must establish the extent and the damages caused by the victim's injuries. This includes the cost of a person's treatment and any lost wages. The more money you lose the greater the value of the claim.

Incorrect Procedure

It may seem impossible that medical professionals could perform the incorrect procedure on a patient, but this type of mishap can occur. The surgeon who makes this error could be held accountable for negligence. However, a patient who is injured by a surgical mistake may also be held liable for any negligence that occurred along the way to the procedure.

A medical professional accused of malpractice must demonstrate that the patient was injured as a result of an action or failure to perform the act. To prove this the legal team of the patient must prove that (1) the doctor was under an obligation to provide treatment or treatment; (2) that the doctor malpractice lawsuits 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 be able to address.

A breach of the duty of care has no significance unless it causes injury which is why medical malpractice claims are typically built on a legal concept known as "res ipsa loquitur." This law states that, in a lot of instances certain injuries are so obvious and recognizable that they are only explained by negligent acts.

Depending on the circumstances, the plaintiff (the person who filed the claim, or their legal representative) or their lawyer could decide to file a lawsuit in state or federal court. Most malpractice cases are filed in state court, however in certain situations medical malpractice lawsuits can be brought in federal district court.

Wrong Surgery

The wrong-site surgery isn't common however, it could be a case of medical malpractice if the procedure is performed in the wrong part of your body. This type of error is often the result of miscommunication between members of a surgical team, or production pressure that results in the surgeon being assigned multiple surgeries simultaneously. In these situations, a surgeon is not solely accountable for a mistaken-site procedure because of the legal principle of "res ipsa locquitur", which states that the result is a matter of fact and cannot be blamed on negligence.

If a patient is injured due to surgery performed on the wrong site and is injured, they may require additional procedures to repair problems that are aggravated by the mistake. Patients and their families are left with costly medical bills. This expense should be taken into consideration when calculating the financial consequences of medical malpractice lawsuits.

Most often, surgeons are held responsible for surgical errors. They are accountable for preparing the patient for the procedure, checking the chart and medical records of the patient, communicating with the rest of the medical staff, and malpractice lawsuits ensuring that the incision was placed at the correct location. In certain instances the hospital or anesthesiologist could also be held accountable. Medical malpractice cases are typically filed in state courts. However, under certain circumstances they may be transferred to federal court.