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Common Causes of Malpractice Litigation

malpractice Lawyer litigation can be a difficult procedure. Whether or not an error constitutes malpractice depends on whether the patient is able to prove four legal elements that include a professional obligation; breach of this duty; harm resulted from the breach and damages that can be quantifiable.

Plaintiffs must also prove these elements with evidence like expert testimony, depositions, and discovery.

Misdiagnosis or Failure to Diagnose

A physician's inability to accurately diagnose a disease or injury could lead to serious complications or even death. Many medical malpractice cases result from mistakes in diagnosis. To show negligence, the patient or their lawyer must show that a qualified doctor in similar circumstances would not have misdiagnosed a condition.

Misdiagnosis doesn't always mean negligence. Even highly-trained and experienced doctors can make errors. Therefore, a claim of malpractice has to be backed by other factors such as breach, proximate cause and actual injury. If a doctor does not sterilize his equipment prior to giving anesthesia, and the patient gets infected because of this, he could be found to be negligent.

In most cases, lawsuits alleging malpractice will be filed in the state trial court in which the alleged error occurred. However, federal courts could have jurisdiction under limited circumstances. For instance, a lawsuit could be filed in federal court if it involves disputes over the statute of limitations or when there is a substantial variation in the citizenship of the parties to the case. Certain disputes are settled through binding voluntary arbitration. This is a non-formal procedure which involves professionals who make the decisions. It is designed to reduce expenses, Malpractice lawyer speed up the legal proceedings, and eliminate the risks associated with large juries. Arbitration is not available in all cases of misconduct.

Dosage for a drug that is not correct

Medication mistakes, also referred to as medication errors, are one of the most common causes of medical malpractice lawsuit lawsuits. They can be the result of a doctor prescribing the wrong medication or giving the wrong dosage to the patient. These errors are generally preventable. In the event of an incident, a pharmacy, a hospital or other health care provider could be held responsible for the injuries resulting from a patient who received the wrong dosage of a drug.

A doctor might prescribe the wrong medication to a patient as a result of an inaccurate diagnosis or simply because he/she misreads the prescription. A health professional may also administer the wrong dosage because of an inability to communicate for instance, when nurses read the doctor's handwritten prescription incorrectly or the pharmacist makes a mistake in filling out the prescription. In other instances the doctor may delay delivering the correct medication, which could cause the patient's condition to worsening.

To win a malpractice case, the victim must prove that the medical professional acted in breach of their standards of care and that the negligence directly contributed to their injuries. This requires the testimony of a medical expert. Moreover, a medical malpractice case must establish the severity of the victim's injuries as well as the damages they sustained because of the negligence. This includes the cost of treatment for a patient and any lost wages. In general, the greater a person's losses are, the more valuable the claim will be.

Incorrect Procedure

It's not likely that medical professionals could perform the wrong procedure on a patient, however, this kind of thing can occur. The surgeon who commits this kind of error could be held accountable for negligence. However, a patient who is injured by a surgical mistake could also be held responsible for any negligence that occurred along the way to the procedure.

Any health professional who is alleged to be negligent must prove that the patient was injured by a specific act or failure to act. To prove this the legal team representing the patient must prove that: (1) the doctor was under 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 that the legal system is able to address.

A breach of the duty of care is meaningless unless it causes injury, which is the reason medical malpractice claims are usually founded on a legal principle known as "res ipsa loquitur." This law states that, in many instances certain injuries are obvious and unmistakable that they can only be explained by negligent acts.

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

Wrong Surgery

The wrong-site surgery is rare but it could be considered medical malpractice when the procedure is performed in the wrong location of your body. This kind of error is usually the result of miscommunications between members of the surgical team, or by production pressures that lead to surgeons having multiple surgeries scheduled at the same time. In these situations the surgeon isn't 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 blamed on negligence.

If a patient gets injured as a result of surgery done on the wrong location the patient may require additional procedures to fix issues that were caused by the surgical error. This can result in high medical bills for patients and their families. These expenses should be taken into consideration when calculating the financial impact of medical malpractice claims.

The majority of times, surgeons are held responsible for surgical mistakes. They are accountable in preparing the patient for the procedure, as well as checking the medical records and charts of the patient, communicating with the medical team, and ensuring that the incision was placed in the correct place. In some instances the hospital or anesthesiologist can also be held liable. Medical malpractice lawsuits are usually filed in state courts, however, under certain circumstances they may be transferred to federal courts.