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Common Causes of Malpractice Litigation

The legal process for malpractice lawyers defending malpractice is a complex process. If an error constitutes malpractice depends on whether the patient is able to prove four legal elements: a professional duty and breach of this duty; injury resulted from the breach and quantifiable damages.

Plaintiffs must be able to prove the elements using evidence like expert testimony and depositions.

Misdiagnosis and Failure to Diagnose

Inability to recognize an injury or illness in a timely manner can lead to serious complications, or even death. Many medical malpractice cases involve mistaken diagnosis. To prove negligence the patient or their attorney must prove that a competent doctor in similar circumstances and in the same specialty would not have misdiagnosed the condition.

A misdiagnosis is not always negligence. Even highly skilled and experienced doctors make mistakes. Therefore, a claim of malpractice lawsuit has to be backed by other factors such as breach, proximate causes and actual injury. For example the case where a physician does not take the time to sterilize their equipment prior to administering anesthesia to a patient and they develop an infection because of it the doctor may be found to be negligent.

In the majority of instances, lawsuits claiming malpractice will be filed in the state trial court in which the alleged misconduct occurred. Federal courts may be able to hear cases in certain circumstances. For instance, a case may be brought in federal court if it involves the interpretation of the time limit for filing a claim or when there is a substantial difference in citizenship among the parties to the case. Alternatively, some claims are resolved through binding arbitration that is voluntary. This is a less formal procedure that involves professionals who make the decisions. It is designed to cut costs, expedite legal proceedings and reduce the risk of overly generous juries. Arbitration is not available in all instances of malpractice.

Wrong Drug Dosage

Medication errors, also known as medication errors are among the leading causes of medical malpractice lawsuits. They can result from a doctor prescribing the wrong medication or administering the wrong dosage to patients. These errors are typically preventable. According to the circumstances the situation, a pharmacist, a hospital or other health care providers could be held accountable for the harm caused by patients who were given the wrong dose of a medication.

A doctor could prescribe the wrong medication because of a misdiagnosis, or simply failing to read the prescription. A health professional could also administer the wrong dosage due to an issue with communication, such as when the nurse reads the doctor's handwritten prescription incorrectly or the pharmacist makes a mistake in filling out the prescription. In other cases the doctor may delay delivering the correct medication, which can lead to the patient's condition getting worse.

To win a malpractice lawyers case, the victim must prove that the medical professional breached their standard of care and that their negligence directly led to the injuries. This requires testimony from a medical expert. Furthermore, a medical negligence case must prove the extent of the victim's injuries as well as the damage they sustained as a result of the negligence. This includes the cost of treatment as well as any wages lost. The more money you lose, the higher the value of the claim.

Wrong Procedure

It's not likely that medical professionals would perform the wrong procedure on a patient however, this type of event can occur. If a surgeon makes this error may be held responsible for malpractice. If a patient is injured as a result of an error in surgery could be held liable for any errors that occured during the procedure.

Any health care professional who is accused of malpractice must show that the patient was injured by a specific action or omission to act. To prove this the legal team of the patient must demonstrate that: (1) the doctor was in the obligation to provide medical 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 results in damages which the legal system has the power to address.

A breach of the duty of care is meaningless unless it causes injury which is the reason medical malpractice lawsuits are generally made based on a law called "res ipsa loquitur." This law states that, in a majority of cases certain injuries are evident and obvious that they cannot be explained except by negligence.

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

Wrong Surgery

Wrong-site surgery is a rare error, but it can be considered medical negligence if the procedure is performed on the wrong side of the body. This type of mistake is usually the result of miscommunications between members of the surgical team, or by production pressures that result in surgeons being assigned multiple surgeries at once. In these cases the surgeon isn't solely responsible for an incorrect-site operation because of a legal principle known as "res ipsa locquitur" which says that the outcome is a matter of fact and cannot be blamed on negligence.

If someone is injured during an operation that was performed on the wrong site and is injured, they may require additional procedures in order to correct problems that were exacerbated due to the error. Patients and their family members are left with hefty medical bills. It is essential to consider these costs when calculating the financial impact of medical malpractice lawsuits.

Surgeons are most often held accountable for surgical errors because they are the individuals who are responsible for preparing for the operation as well as double-checking the patient's charts 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 instances, an anesthesiologist or hospital may also be accountable. Medical malpractice attorney cases are typically filed in state courts. However, in certain situations they may be transferred to federal court.