Common Causes of Malpractice Litigation

malpractice law firm litigation is a complicated procedure. If a patient can demonstrate four elements, it will determine whether or not the mistake is malpractice. These are professional obligations; a breach of that obligation; a repercussion from this breach; and quantifiable damages.

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

Misdiagnosis and Failure to Diagnose

The inability of a doctor to accurately diagnose an illness or injury can lead to serious complications or even death. Misdiagnosis is a common reason for medical negligence. To prove negligence, a person or their lawyer must prove that a skilled doctor in similar circumstances would not have misdiagnosed the condition.

A misdiagnosis is not always malpractice attorneys. Even experienced and highly trained doctors can make mistakes. Therefore, any claim of malpractice has to be backed by other factors, such as breach, proximate causes and actual injury. If a doctor fails to sterilize his equipment before administering anesthesia, and the patient is infected as a result of this, he could be guilty.

In most cases, lawsuits that allege malpractice will be filed in the state trial court where the malpractice was alleged to have occurred. However, federal courts could have jurisdiction under limited circumstances. For instance, a claim could be filed in federal court if there is a dispute over a statute of limitations or in the event of a significant diversity of citizenship of the parties to the case. Alternatively, some claims are settled through voluntary binding arbitration. This is a less formal procedure which involves professional decision makers and is intended to save costs, expedite legal proceedings and remove the risk of overly generous juries. Arbitration is not always available in cases of misconduct.

The wrong dosage of medication

Medication errors--also called medication mistakes--are one of the most frequent causes of medical malpractice lawsuits. They can be the result of a doctor prescribing a prescription in error or administering the wrong dosage to patients. These errors are usually preventable. According to the circumstances the pharmacy, hospital or other health care providers could be held responsible for the harm caused by a patient who was given the wrong dose of a drug.

A doctor could prescribe wrong medication to a patient because of an inaccurate diagnosis or simply because he/she misreads the prescription. A health professional can also administer the incorrect dosage due to a lapse in communication. For example nurses may not read a doctor's prescription correctly or a pharmacist may make an error when filling the prescription. In other cases, a physician might delay in administering the correct medication to the patient, which could result in the patient's condition getting worse.

A person who suffers from a medical malpractice claim must prove, in order to win a malpractice lawsuit, that the medical professional breached their standards of practice and that their injuries were directly attributed to the negligence. This requires medical experts to testify. Furthermore, a medical negligence case must establish the severity of the injuries suffered by a victim and the damage they sustained as a result of the negligence. This includes the cost of a person's treatment and any lost wages. The greater the loss of the claim, the greater the value of the claim.

Incorrect Procedure

It might seem unlikely that medical professionals would carry out the wrong procedure on a patient however, this kind of thing can occur. The surgeon who makes this mistake can be held accountable for negligence. However patients who are injured due to a surgical error may also be held liable for any negligence that occurred along the path to the procedure.

Any health professional who is accused of misconduct must show that the patient was injured through a specific act or omission to act. To establish this the legal team of the patient has to prove: (1) that the doctor was legally obligated to treat or provide care to the patient; (2) that he violated his duty; (3) that a causal link exists between the negligence and injury and (4) the injury causes damages that the legal system could address.

A breach of duty of care is no meaning unless it result in injury. This is why medical malpractice cases are typically built on the legal principle "res ipsa locquitur," which states that certain injuries are so obvious they can be explained only through negligence.

Depending on the facts of the case, the plaintiff (the patient or their legally appointed representative) or malpractice lawsuits their attorney can present the claim to federal or state court. The majority of malpractice cases are filed in state court. However, under limited circumstances medical malpractice lawsuits could be filed in federal district court.

Wrong Surgery

The wrong-site surgery is a common error, but it could be considered medical negligence if the procedure is performed on the wrong area of the body. This type of mistake is usually caused by a lack of communication between members of the surgical team, or pressures on production that result in a surgeon having several surgeries to perform at the same time. In these cases the surgeon is not solely responsible for a misplaced operation because of the legal principle known as "res ipsa locquitur" which states that the result speaks for itself and cannot be blamed on negligence.

If a patient is injured during an improper procedure the patient may need additional procedures to correct problems that were aggravated by the error. Patients and their family members are left with hefty medical bills. It is essential to consider these costs when calculating the financial impact of medical malpractice lawsuits.

Most often, surgeons are held responsible for surgical mistakes. They are responsible in preparing the patient for surgery, reviewing the medical records and charts of the patient, communicating with the rest of the medical staff, and ensuring that the incision was made in the proper location. However, in some instances an anesthesiologist or a hospital could also be accountable. Medical malpractice claims are typically filed in state court but can be transferred under certain circumstances to federal court.