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Common Causes of Malpractice Litigation

The process of bringing a malpractice lawsuit is a complex procedure. If a patient can demonstrate four elements, it will be able to determine whether or not the mistake is malpractice. These are professional obligation or breach of that duty; a loss resulting from the breach; and quantifiable damage.

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

The wrong diagnosis and the inability to recognize

The inability of a doctor to accurately diagnose an illness or injury can lead to grave complications, or even death. A large number of medical malpractice cases involve incorrect diagnosis. To establish negligence, a patient or their lawyer needs to prove that a seasoned doctor in similar circumstances would not have misdiagnosed a condition.

Not every misdiagnosis is malpractice attorneys, however. Even highly experienced and trained doctors are not immune to mistakes. Therefore, a claim of malpractice has to be backed by other elements such as breach, proximate causes and actual injury. For instance, if a physician is not careful to sterilize their equipment prior to administering anesthesia to a patient and they develop an infection due to the infection the doctor could be found to be negligent.

In most instances, lawsuits claiming malpractice will be filed in the state trial court in which the malpractice was alleged to have occurred. However, federal courts could be able to hear cases in specific circumstances. A case may be brought before federal court in certain circumstances. For example, it may involve an issue regarding a statute of limitation or if the parties are of different nationalities. Certain disputes are settled through binding voluntary arbitration. This is a less formal procedure which involves professionals who make the decisions. It is designed to minimize expenses, speed up the legal proceedings, Malpractice Lawyers and eliminate the risk that comes with large juries. Arbitration is not available in all instances of malpractice.

The wrong dosage of medication

Medication errors--also called medication mistakes--are among the most common causes of medical malpractice lawsuits. These errors can be caused by a physician submitting prescriptions in a wrong format or giving the patient the wrong dosage. These errors are usually preventable. Based on the circumstances the 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 may prescribe the wrong drug because of a misdiagnosis. Or, simply failing to read the prescription. A health professional can also administer the wrong dosage due to a lapse in communication. For example, a nurse may read a doctor's script incorrectly or a pharmacist might fail to fill the prescription. In other instances, a doctor could delay the proper medication to the patient, which could result in the patient's condition getting worse.

A person seeking compensation must prove, for the sake of winning a malpractice lawsuit that the medical professional violated their standard of practice and that their injuries were directly caused by the negligence. This requires medical experts to be present. A medical malpractice case also must prove the severity and damages of the victim's injuries. 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

This kind of situation is not unusual. It might seem impossible for medical professionals to carry out the incorrect procedure on patients, however, it happens. The surgeon who makes this mistake can be held liable for negligence. However, a patient who is injured by a surgical mistake can also be held accountable for any negligence that occurred along the way to the procedure.

Any health professional who is accused of negligence must prove that the patient was injured by a specific act or inaction. To establish this, the legal team of the patient must prove: (1) that the doctor was obligated to treat or provide care to the patient; (2) that he did not fulfill that duty; (3) that a causal link exists between the breach and injury; and (4) the injury causes damages that the legal system can deal with.

A breach of duty of care has no significance unless it results in injury. This is why medical malpractice cases are usually dependent on the lawful doctrine "res ipsa locquitur" which states that certain injuries are so obvious they can only be explained through negligence.

Depending on the facts of the situation, the plaintiff (the patient or their legally designated representative) or their attorney may make the claim in a federal or state court. Most malpractice cases are filed in state court, but under certain circumstances, a medical malpractice case may be filed in federal district court.

Wrong Surgery

The wrong-site surgery is rare, but can be considered medical malpractice if the procedure is performed in the wrong area of your body. This type of error is usually caused by a lack of communication between the members of a surgical team, or production pressure that results in the surgeon being tasked with multiple surgeries at once. In these instances the surgeon isn't solely responsible for his or her responsibility for a surgical error that is not performed correctly since there is a legal rule known as "res ipsa loquitur" which means that the consequence of the error is evident and cannot be traced to negligence.

If someone is injured during a wrong-site procedure, he or her may require additional procedures to rectify issues that were caused by the mistake. Patients and their family members are left with hefty medical bills. It is crucial to take these costs into consideration when calculating the financial costs of medical malpractice claims.

Surgeons are typically held accountable for surgical errors as they are the ones who are accountable for making preparations for the operation and double-checking the patient's medical chart and medical records, communicating effectively with the other members of the medical team, and making sure that the incision has been placed at the right place. In certain instances hospitals or anesthesiologists may also be held responsible. Medical Malpractice Lawyers lawsuits are usually filed in state courts. However, in certain situations they may be transferred to federal courts.