Common Causes of Malpractice Litigation

The process of bringing a malpractice lawsuit is a complex procedure. If the error constitutes malpractice depends on whether the patient is able to prove four legal elements which include professional duty and breach of this duty; harm resulting from the breach; and the possibility of quantifiable damages.

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

Undiagnosed or Incorrectly Diagnosed

A physician's inability to accurately diagnose a disease or injury can result in grave complications, or even death. It is a typical cause of medical malpractice. To show negligence, the patient or their lawyer must prove that a skilled doctor in similar circumstances would not have misdiagnosed an illness.

A misdiagnosis is not always malpractice. Even highly skilled and experienced doctors can make errors. Therefore, a claim of malpractice has to be backed by other elements such as breach, proximate causes and actual injury. If a doctor fails sterilize his equipment prior to administering anesthesia, and the patient gets infected due to this, the doctor might be liable.

In most instances, lawsuits claiming that there was a mistake will be filed in the state trial court where the malpractice was alleged to have occurred. Federal courts could be able to hear cases in certain situations. For instance, a case may be brought in federal court in the event of an issue regarding the statute of limitations or when there is a significant diversity of citizenship of the parties in the case. Certain disputes are settled through binding arbitration. This is a less-formal process that is governed by professional decision makers. It is designed to reduce costs, expedite the legal process, and reduce the risk of overly large juries. Arbitration is not accessible in all cases of malpractice.

Dosage of a drug that is incorrect

Medication mistakes, also referred to as medication errors, are one of the most frequent causes of medical malpractice lawsuits. These errors can be caused by a doctor writing a prescription in the wrong format or malpractice Lawsuit giving the patient the incorrect dosage. These errors are generally preventable. Based on the circumstances the hospital, its staff, a pharmacist or other health care professionals could be held accountable for the injuries sustained by a patient who was given the wrong drug dosage.

A doctor could prescribe the wrong medicine because of a misdiagnosis, or simply making a mistake in the prescription. A health professional can also prescribe the wrong dosage due to a lapse in communication. For instance nurses might interpret a doctor's prescription incorrectly or a pharmacist may have a mistake while filling the prescription. In other cases the doctor could delay the administration of the correct medication, which could cause the patient's illness to getting worse.

In order to be successful in a malpractice lawsuit, a victim must show that the medical professional acted in breach of their standards of care and that the negligence directly contributed to the injuries. This requires the testimony of a medical expert. 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 cost of treatment as well as any lost wages. The greater loss is and the greater the value of the claim will be.

Unskillful Procedure

This kind of incident is not unusual. It might seem impossible for medical professionals to perform the incorrect procedure on patients however, it happens. A surgeon who makes this mistake could be held accountable for negligence. Patients who are injured due to an error during surgery can be held accountable for any mistakes that were made during the procedure.

A health care professional accused of malpractice law firm must prove that a patient was injured by a specific act, or failure to perform the act. To establish this, the legal team of the patient has to prove: malpractice lawsuit (1) that the doctor had a responsibility to care for or treat the patient; (2) that he failed to fulfill his obligation; (3) that a causal connection exists between the breach and the injury; and (4) the injury causes damages that which the legal system may address.

A breach of duty of care is no value unless it results in injury. This is the reason medical malpractice cases are typically based on the legal doctrine "res ipsa locquitur," which says that certain injuries are so obvious they can only be explained 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 can choose to file in either state or federal court. The majority of malpractice cases are filed in state court, however under certain circumstances, a medical malpractice lawsuit may be filed in federal district court.

Wrong Surgery

The wrong-site surgery isn't common, but can be considered medical malpractice if the procedure is performed in the wrong location of your body. This type of error is often caused by miscommunications between members of the surgical team, or pressures in the production process that result in the surgeon performing several surgeries to perform at the same time. In these situations the surgeon is not solely accountable for a mistaken-site procedure because of a legal rule known as "res ipsa locquitur" which says that the outcome is a matter of fact and cannot be blamed on negligence.

If the patient is injured during an incorrect procedure the patient may require additional procedures to fix issues that were caused by the mistake. Patients and their families are left with expensive medical bills. This expense should be considered when calculating the financial consequences of medical malpractice lawsuits.

Surgeons are usually accountable for surgical errors because they are the individuals who are accountable for making preparations for the operation, double-checking the patient's chart and medical records, communicating effectively with other members of the medical team and making sure the incision is made on the correct site. In some instances, a hospital or anesthesiologist can also be held liable. Medical malpractice claims are generally filed in state courts, however, under certain circumstances they may be transferred to federal courts.