Common Causes of Malpractice Litigation

The process of bringing a malpractice attorney lawsuit is a complex procedure. If a person can prove four elements, it will be able to determine whether or not the error is malpractice. These are professional obligation; a breach of that duty; a loss resulting from this breach; and measurable damages.

Plaintiffs must also prove these elements through evidence like expert testimony, depositions, or discovery.

Incorrect diagnosis and failure to diagnose

Failure to correctly diagnose an injury or illness correctly could lead to serious complications, or death. It is a typical reason for medical negligence. To show negligence, the patient or their lawyer must prove that a qualified doctor in similar circumstances would not have misdiagnosed a condition.

Misdiagnosis doesn't always mean malpractice. Even the most skilled and trained doctors make mistakes, and any claim of malpractice has to be backed by other elements such as breach, proximate causality and actual injury. If a doctor fails to sterilize his equipment prior the time he administers anesthesia, and the patient gets infected because of this, the doctor could be found to be negligent.

Legal actions claiming malpractice are usually filed in state trial courts, where the alleged misconduct occurred. Federal courts may, however, have jurisdiction in certain situations. For example, a claim may be brought in federal court if it involves disputes over the statute of limitations or if there is a substantial difference in citizenship among those involved in the dispute. Certain disputes are settled through binding arbitration. This is a less formal procedure that is governed by professional decision makers. It is designed to minimize costs, malpractice Lawsuit speed up legal proceedings, and eliminate the risk of overly large juries. However, arbitration is not available for all claims of malpractice.

The wrong dosage of medication

Medication errors--also called medication mistakes--are one of the most frequent causes of medical malpractice lawsuits. These errors could be caused by a doctor who has submitted a prescription in the wrong format or giving the patient the wrong dosage. These errors are typically preventable. In the event of an incident, a pharmacy, a hospital or other health care provider could be held responsible for injuries caused by a patient who received the wrong dosage of a medication.

A doctor might prescribe the wrong medication as a result of a misdiagnosis. Or, simply failing to read the prescription. A health professional could also give the wrong dosage due to a failure in communication. For instance nurses might not read a doctor's prescription correctly or a pharmacist may fail to fill the prescription. In other instances the doctor may delay the administration of the correct medication to the patient, resulting in their condition deteriorating.

To win a malpractice lawsuit, a victim must establish that the medical professional violated their duty of care and that the negligence directly contributed to the injuries. This requires medical experts to be present. Additionally, a medical malpractice case must establish the severity of a victim's injuries and the damages they sustained because of the negligence. This includes the cost of treatment and any lost wage. The greater loss is then, the more valuable the claim will be.

Incorrect Procedure

This type of incident is not unusual. It may seem like a challenge for medical professionals to carry out the wrong procedure on patients, however, it happens. A surgeon who commits this mistake could be held accountable for negligence. However patients who are injured as a result of a surgical error could also be held responsible for any negligence that occurred on the path to the procedure.

Any health professional who is accused of malpractice must show that the patient was injured through a specific act or omission to act. To prove this, the legal team representing the patient must demonstrate: (1) that the doctor was obligated to treat or provide care to the patient; (2) that he breached that duty; (3) that a causal link exists between the negligence and injury; and (4) the injuries result in damages that which the legal system may address.

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

Depending on the facts of the situation, the plaintiff (the patient or their legally designated representative) or their lawyer may present the claim to federal or state court. The majority of malpractice cases are filed in state court. However, in certain situations, a medical malpractice lawsuit can be brought in federal district court.

Wrong Surgery

The wrong-site surgery is rare but it could be considered medical malpractice when the procedure is done in the wrong location of your body. This type of error is often caused by miscommunication between members of a surgical team, or production pressure that leads to a surgeon being assigned multiple surgeries simultaneously. In these situations the surgeon isn't the only one with responsibility for a surgical error that is not performed correctly due to a legal principle called "res ipsa loquitur" which means that the outcome of the error speaks for itself and can be attributed to negligence.

If an individual is injured in an operation that was performed on the wrong site the patient may need additional procedures to correct problems that were made worse by the mistake. Patients and their families are left with high medical bills. These expenses must be considered when calculating the financial impact of medical malpractice claims.

The majority of times surgeons are liable for surgical errors. They are accountable in preparing the patient for the procedure, as well as checking the medical records and chart of the patient, communicating with the rest of the medical personnel, and ensuring that the incision was made in the correct place. In some instances, a hospital or anesthesiologist can also be held liable. Medical malpractice claims are generally filed in state court, but they may be transferred under certain circumstances to federal court.