Common Causes of Malpractice Litigation

Malpractice litigation is a tense procedure. The question of whether or not the error constitutes malpractice depends on the ability of the patient to prove four legal elements which include professional duty and breach of this duty; harm resulted from the breach and quantifiable damages.

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

Incorrect diagnosis and inability to diagnose

The failure of a physician to diagnose an illness or injury could lead to serious complications or even death. Incorrect diagnosis is a common reason for medical negligence. To prove negligence, a patient or their lawyer must demonstrate that an experienced doctor in similar circumstances would not have misdiagnosed an illness.

Misdiagnosis does not always constitute negligence. Even the most skilled and trained doctors make mistakes. Therefore, a claim of malpractice must be backed by other elements like breach, proximate causation, and actual injury. If a physician fails to sterilize his equipment before administering anesthesia and the patient gets infected because of this, he could be found to be negligent.

Legal actions claiming malpractice are usually filed in state trial courts, where the alleged malpractice occurred. However, federal courts may have jurisdiction under limited circumstances. A claim may be filed before federal court in certain circumstances. For example it could be an issue regarding a statute of limitation or when the parties have different citizenships. Additionally, some cases are settled through voluntary binding arbitration. This is a less formal process involving professional decision makers that is intended to save costs, speed up legal proceedings, and eliminate the possibility of excessively generous juries. However, arbitration is not accessible for all malpractice claims.

The wrong dosage of medication

Medication errors, also referred as medication mistakes, are one of the main reasons for medical malpractice lawsuit lawsuits. These errors can be caused by a doctor writing a prescription in the wrong format, or giving the patient the wrong dosage. These errors are usually avoidable. According to the circumstances the pharmacy, hospital or other health care provider could be held responsible for injuries caused by an individual who took the wrong dosage of a drug.

A doctor could prescribe the wrong medication to a patient as a result of an incorrect diagnosis or simply because he/she misreads the prescription. A health professional could also administer the wrong dosage due to an issue with communication like when nurses read the doctor's handwritten prescription incorrectly or the pharmacist makes an error in filling the prescription. In other instances, a doctor could delay administering the correct medication to the patient, which could result in their condition deteriorating.

In order to be successful in an action for malpractice, a victim must demonstrate that the medical professional acted in breach of their duty of care and that negligence directly caused the injuries. This requires medical experts to provide evidence. In addition, a medical mishap 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 costs of treatment for a patient and any lost wages. In general, Malpractice Law firm the greater a loss is, the more valuable the claim will be.

Incorrect Procedure

This kind of incident is not uncommon. It might seem impossible for medical professionals to carry out the incorrect procedure on patients, however, it happens. A surgeon who makes this mistake could be held responsible for negligence. However patients who are injured due to a surgical error could also be held responsible for any negligence that occurred along the way to the procedure.

A health professional accused of malpractice must prove that the patient was injured due to a specific act, or inability to take action. To prove this the legal team representing the patient must prove: (1) that the doctor had a responsibility 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 results in damages the legal system can deal with.

A breach of duty of care has no meaning unless it results in injury. This is the reason medical malpractice cases tend to be based on the legal 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 appointed representative) or their attorney can present the claim to state or federal court. The majority of malpractice cases are filed in state courts, however in certain circumstances a medical negligence case can be filed in federal district court.

Wrong Surgery

The wrong-site surgery isn't common but it could be considered medical Malpractice Lawyers when the procedure is done in the wrong place on your body. This type of error is typically due to miscommunication between members of a surgical team, or malpractice lawsuit production pressure that results in the surgeon being assigned multiple surgeries at the same time. In these situations the surgeon isn't solely responsible for a misplaced operation due to a legal principle known as "res ipsa locquitur" which says that the outcome speaks for itself and cannot be attributed to negligence.

If someone is injured during an operation that was performed on the wrong site and is injured, they may require additional procedures to fix problems that were exacerbated due to the error. This can result in high medical expenses for patients as well as their families. These expenses should be taken into consideration when calculating the financial consequences of medical malpractice lawsuits.

Surgeons are typically held liable for surgical errors as they are the ones who are responsible for prepping for the operation and double-checking the patient's medical chart and medical records, communicating effectively with other members of the medical team, and making sure that the incision has been made on the correct site. However, in some instances an anesthesiologist or a hospital could also be liable. Medical malpractice law firms claims are generally filed in state courts, but under certain circumstances, they can be transferred to federal courts.