Common Causes of Malpractice Litigation

malpractice lawyer litigation involves a complex process. If a patient can demonstrate four factors, it will determine whether or not the mistake is malpractice. These are the following: a professional obligation in breach of this duty; an injury resulting from this breach; and measurable damages.

Plaintiffs must prove these elements by presenting evidence such as expert testimony, depositions, and discovery.

Incorrect diagnosis or failure to diagnose

Inability to recognize an injury or illness accurately can cause serious complications, or even death. Many medical malpractice cases involve misdiagnosis. To prove negligence, a person or their lawyer must demonstrate that a seasoned doctor in similar circumstances would not have misdiagnosed a problem.

A misdiagnosis is not always malpractice. Even highly skilled and experienced doctors are not immune to mistakes. Therefore, any claim of malpractice must be supported with other elements, such as breach, proximate cause and actual injury. For example If a doctor fails to properly sterilize their equipment before administering anesthesia and the patient develops an infection in the process the doctor could be guilty of malpractice.

In the majority of instances, lawsuits claiming that there was a mistake will be filed in the state trial court in which the alleged misconduct occurred. Federal courts may be able to handle the case in certain instances. For instance, a lawsuit may be brought in federal court if there is an issue regarding the statute of limitations or in the event of a significant diversity of citizenship of the parties involved in the case. Certain claims are settled through binding voluntary arbitration. This is a less formal process involving professional decision makers that is designed to cut costs, speed up legal proceedings and remove the possibility of excessively generous juries. However, arbitration is not accessible for all claims of malpractice.

Dosage for a drug that is not correct

Medication mistakes, also referred to as medication errors, are one of the most frequent causes of medical malpractice lawsuits. They can result from a doctor prescribing a prescription in error or giving the wrong dosage to patients. These errors are typically preventable. Based on the circumstances the situation, a pharmacist, a hospital or other health care providers could be held responsible for injuries caused by patients who were given the wrong dose of a drug.

A doctor could prescribe the wrong medication because of a misdiagnosis or by simply failing to read the prescription. A health professional could also administer the wrong dosage due to a lapse in communication. For example, a nurse may not read a doctor's prescription correctly or a pharmacist may make a mistake when filling the prescription. In other instances the doctor malpractice could delay giving the correct medication, which can result in the patient's health getting worse.

A person seeking compensation must prove, to be successful in a malpractice lawsuit, that the medical professional violated their standard of practice and that their injuries were directly attributed to the negligence. This requires medical experts to provide evidence. Medical malpractice cases also must prove the severity and damages of the victim's injuries. This includes the cost of treatment as well as any wages lost. Generally, the greater a loss is in the greater value of the claim will be.

Unskillful Procedure

This kind of incident is not uncommon. It might seem impossible for medical professionals to carry out the wrong procedure on patients however, it happens. The surgeon who commits this error may be held responsible for malpractice. However those who are injured due to a surgical error could also be held responsible for any negligence that occurred on the process.

Any health professional who is accused of negligence must prove that the patient was harmed by a specific action or inaction. To prove this the legal team representing the patient must demonstrate: (1) that the doctor was obligated to provide treatment or care to 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 injuries result in damages that the legal system can address.

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

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

Wrong Surgery

The wrong-site procedure 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 usually occurs as due to miscommunication between members of a surgical team or production pressure that leads to the surgeon being tasked with multiple surgeries at one time. In these instances the surgeon isn't solely responsible for his or her responsibility for an incorrect-site procedure because there is an underlying legal principle referred to as "res ipsa loquitur" which means that the result of the error is evident and cannot be attributed to negligence.

If a patient gets injured during surgery that is performed on the wrong site and is injured, they may require additional procedures to correct issues that were caused due to the surgical error. Patients and their families are left with expensive medical bills. It is important to take these costs into account when calculating the financial burden of medical malpractice lawsuits.

Most often surgeons are held accountable for surgical mistakes. They are accountable to prepare the patient for surgery, reviewing the medical records and charts of the patient, communicating with the medical personnel, and ensuring that the incision was made in the correct place. In some instances the hospital or anesthesiologist may also be held responsible. Medical malpractice claims are typically filed in state court but can be transferred under certain circumstances to federal court.