The Hidden Secrets Of Malpractice Lawyers

Common Causes of Malpractice Litigation

Malpractice litigation involves a complex procedure. If a patient can prove four elements, it will determine whether or not the mistake is a case of malpractice. These are professional obligations in breach of this duty; an injury resulting from the breach; and measurable damages.

Plaintiffs must also prove the elements by using evidence like expert testimony and depositions.

Incorrect diagnosis or failure to diagnose

The failure of a physician to correctly diagnose an illness or injury could lead to serious complications or even death. A large number of medical malpractice cases involve mistakes in diagnosis. To establish negligence, a patient or their lawyer must demonstrate that an experienced doctor in similar circumstances would not have misdiagnosed a problem.

There are many misdiagnosis that could be considered negligence, but. Even highly experienced and trained doctors make mistakes. Therefore, any claim of malpractice must be backed up by other elements such as breach, proximate cause or actual injury. For example the case where a physician is not careful to clean their equipment prior the time they administer anesthesia and the patient develops an infection in the process the doctor could be liable for malpractice.

In the majority of instances, lawsuits claiming malpractice law firms will be filed in the state trial court where the malpractice was alleged to have occurred. However, federal courts may have jurisdiction under limited circumstances. A claim may be filed before a federal court in certain circumstances. For instance it could involve disputes over the statute of limitations or if the parties are of different citizenships. Certain disputes are settled through binding voluntary arbitration. This is a less formal procedure that is governed by professional decision makers. It is designed to cut costs, expedite the legal process, and reduce the risk of overly generous juries. Arbitration is not available in all cases of malpractice.

Dosage of a drug that is incorrect

Medication errors--also called medication mistakes--are among the most common causes of medical malpractice lawsuits. They can involve a physician prescribing the wrong medication or administering the wrong dosage to the patient. These mistakes are usually preventable. Based on the circumstances, a hospital or its staff, a pharmacist or other health care provider could be held accountable for the injuries suffered by patients who were given the wrong dose of medication.

A doctor could prescribe the wrong medication to a patient because of an incorrect diagnosis or malpractice lawsuits simply because they misread the prescription. A health care professional could also administer the wrong dosage because of an interruption in communication like when nurses read the handwritten prescription of a doctor malpractice Lawsuits incorrectly or the pharmacist is mistaken in filling out the prescription. In other instances the doctor may delay the proper medication to the patient, resulting in their condition deteriorating.

A person who suffers from a medical malpractice claim must prove, in order to prevail on a malpractice claim that the medical professional violated their professional standards and that their injuries were directly caused by the negligence. This requires testimony from a medical expert. Additionally, a medical malpractice claim must establish the extent of the injuries suffered by a victim and the damages they suffered as a result of the negligence. This includes the cost of treatment as well as any lost wages. The greater loss is in the greater value of the claim will be.

Wrong Procedure

It might seem absurd that medical professionals could perform the wrong procedure on a patient however, this kind of thing does occur. A surgeon who commits the mistake could be held liable for malpractice. If a patient is injured due to a surgical error may be held accountable for any mistakes that were made during the procedure.

Any health professional who is accused of negligence must prove that the patient was hurt due to a specific act or failure to act. To establish this the legal team of the patient must prove: (1) that the doctor was obligated to provide care or treat the patient; (2) that he failed to fulfill his obligation; (3) that a causal connection exists between the negligence and injury; and (4) the harm results in damages that the legal system could address.

A breach of duty of care is no meaning unless it results in injury. This is why medical malpractice cases are often built on the legal principle "res ipsa locquitur" which says that certain injuries are so obvious they can only be explained through negligence.

Based on the facts, the plaintiff (the person who filed the claim, or their legal representative) or their lawyer can decide to file the claim either in state or federal court. Most malpractice cases are filed in state courts, however in certain circumstances medical malpractice lawsuits may be filed in federal district court.

Wrong Surgery

Wrong-site surgery is a rare error, but it could be considered medical malpractice if the procedure is performed on the wrong side of the body. This type of error is usually the result of miscommunications between the surgical team, or production pressures that result in surgeons having several surgeries to perform at the same time. In these cases, the surgeon is not all-in on his responsibility for a surgery that was performed on the wrong site since there is an underlying legal principle referred to as "res ipsa loquitur" which means that the outcome of the error speaks for itself and can only be attributed to negligence.

If an individual is injured in a wrong-site procedure, he or her may require additional procedures in order to correct issues that were caused by the error. Patients and their families are left with high medical bills. These costs should be considered when calculating the financial impact of medical malpractice lawsuits.

Most often, surgeons are held responsible 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 staff, and ensuring that the incision was made in the proper location. However, in some instances an anesthesiologist or hospital may also be held responsible. Medical malpractice cases are typically filed in state courts. However, under certain circumstances they may be transferred to federal courts.