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Common Causes of Malpractice Litigation

Malpractice litigation is a tense process. If a patient can prove four elements, it will decide whether or not the error is a case of malpractice. These are: a professional obligation and a breach of that obligation; an injury that results from this breach; and measurable damage.

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

Incorrect diagnosis and failure to diagnose

The inability of a doctor to accurately diagnose an illness or injury could result in grave complications, or even death. Incorrect diagnosis is a common cause of medical negligence. To prove negligence the patient or their attorney must show that a competent doctor under similar circumstances and working in the same specialty would not have misdiagnosed the problem.

Not every misdiagnosis is malpractice, however. Even the most experienced and highly trained doctors make mistakes, so the claim of malpractice must be supported by other elements such as breach, proximate causality and actual injury. For instance when a doctor does not take the time to sterilize their equipment prior to giving anesthesia and the patient develops an infection because of it, the doctor could be found to be negligent.

In most instances, lawsuits claiming that there was a mistake will be filed in the state trial court where the malpractice was alleged to have occurred. Federal courts could be able to handle the case in certain circumstances. For example, a claim could be filed in federal court if there is the interpretation of the time limit for filing a claim or if there is a substantial diversity of citizenship of the parties to the case. Additionally, malpractice Lawyer some cases are settled through voluntary binding arbitration. This is a less formal process which involves professionals who make the decisions. It is designed to cut costs, speed up legal process, and reduce the risk associated with overly generous juries. However, arbitration is not available for all claims of malpractice.

Dosage for a drug that is not correct

Medication mistakes, also referred to as medication errors, are one of the main causes of medical malpractice lawsuits. These errors are caused by a physician submitting a prescription in a wrong format or giving the patient the incorrect dosage. These errors are usually avoidable. According to the circumstances an individual pharmacy, hospital or other health care provider could be held accountable for the injuries caused by a patient who was given the wrong dosage of a medication.

A doctor could prescribe wrong medication to a patient because of an incorrect diagnosis or simply due to a misreading of the prescription. A health care professional may also give the wrong dosage due to a failure in communication. For instance nurses may read a doctor's script incorrectly or a pharmacist may make an error when filling the prescription. In other cases the doctor could delay the administration of the correct medication, which can cause the patient's condition to getting worse.

In order to be successful in a malpractice case, a victim must show that the medical professional did not meet their duty of care and that the negligence directly contributed to the injuries. This requires medical expert testimony. Medical malpractice cases also must prove the extent and severity of the victim's injuries. This includes the cost of treatment and any lost wage. The greater the loss, the higher the value of the claim.

The wrong procedure

This type of incident is not unusual. It may seem impossible for medical professionals to perform the incorrect procedure on patients, however, it is a reality. If a surgeon makes this kind of error could be held to be liable for malpractice. However those who are injured due to a surgical error may also be held liable for any negligence that occurred the path to the procedure.

Any health professional who is alleged to be negligent must prove that the patient was hurt through a specific act or omission to act. To establish this the legal counsel of the patient must show that: (1) the doctor was bound by the obligation to provide medical care or treatment; (2) that the doctor violated that duty; (3) that there is a direct and causal connection between the breach and the injury and (4) that the injury results in damages that the legal system could address.

A breach of duty of care has no value unless it results in injury. This is why medical malpractice law firms cases tend to be based on the legal doctrine "res ipsa locquitur" which says that certain injuries are so obvious that they can only be explained through negligence.

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

Wrong Surgery

The wrong-site procedure is rare but it can be considered medical malpractice Lawyer in the event that the procedure is carried out in the wrong place on your body. This kind of error is usually due to miscommunication between members of a surgical team or production pressure that leads to a surgeon being assigned multiple surgeries at the same time. In these instances, a surgeon is not solely responsible for a wrong-site procedure due to the legal principle of "res ipsa locquitur", which states that the result speaks for itself and cannot be attributed to negligence.

If a patient is injured by wrong-site surgery the patient may require additional procedures to repair problems caused due to the surgical error. This results in costly medical expenses for the patient and their families. It is essential to keep these costs in mind when calculating the financial burden of medical malpractice lawsuits.

Most often surgeons are accountable for surgical mistakes. They are responsible for preparing the patient for surgery, reviewing the medical record and chart of the patient, coordinating with the medical personnel, and ensuring that the incision was placed in the proper location. In some cases, a hospital or anesthesiologist can also be held liable. Medical malpractice claims are typically filed in state court, but may be transferred in certain circumstances to federal court.