Common Causes of Malpractice Litigation

Malpractice litigation involves a complex process. If a patient can prove four elements, it will decide whether or not the mistake is a case of malpractice. These are: a professional obligation or breach of that duty; a loss resulting from the breach; and measurable damage.

Plaintiffs must also prove these elements by presenting evidence like expert testimony, depositions, and discovery.

The wrong diagnosis and the inability to recognize

Failure to diagnose an illness or injury accurately could lead to serious complications, or death. The misdiagnosis of a patient is a frequent reason for medical malpractice. To prove negligence, the patient or their attorney must demonstrate that a competent doctor in similar circumstances and working in the same area would not have misdiagnosed the condition.

It is not always a case of an error, but. Even highly skilled and experienced doctors make mistakes, therefore an allegation of malpractice needs to be backed by other elements such as breach, proximate causality and actual injury. For instance when a doctor is not careful to sterilize their equipment before administering anesthesia and the patient suffers an infection due to the infection the doctor may be found to be negligent.

The majority of lawsuits involving malpractice are filed in state trial courts, where the alleged error occurred. Federal courts could however have jurisdiction in certain circumstances. A claim may be filed before federal court in certain circumstances. For instance it could be a dispute about a statute of limitation or when the parties have different citizenships. Some claims are settled by binding arbitration. This is a less formal process which involves professionals who make the decisions. It is designed to lower expenses, speed up the legal process, and remove the risk of overly generous juries. However, arbitration isn't accessible for all malpractice claims.

Wrong Drug Dosage

Medication errors, also known as medication mistakes are among the main causes of medical malpractice lawsuits. They can be the result of a doctor writing a prescription incorrectly or giving the wrong dosage to patients. These mistakes are usually avoidable. In certain circumstances, a hospital or its staff, pharmacist or other health professionals could be held accountable for the injuries sustained by patients who were given the wrong drug dosage.

A doctor might prescribe the wrong medication to a patient because of an incorrect diagnosis or simply due to a misreading of the prescription. A health care provider may also prescribe the wrong dosage because of an issue with communication for instance, when the nurse reads the doctor's handwritten prescription incorrectly or the pharmacist makes a mistake in filling out the prescription. In other instances the doctor could delay giving the correct medication, which could cause the patient's condition to worsening.

A plaintiff must prove for the sake of winning a malpractice lawsuit, that the medical professional violated their professional standards and that their injuries were directly attributed to the negligence. This requires the testimony of a medical expert. Moreover, a medical malpractice case must prove the extent of the victim's injuries and the damages they sustained because of the negligence. This includes the cost of treatment and any lost wage. The more money you lose of the claim, the greater the value of the claim.

Unskillful Procedure

It might seem unlikely for medical professionals to perform the incorrect procedure on a patient, however, this kind of thing can occur. A surgeon who makes this mistake could be held accountable for negligence. However patients who are injured by a surgical mistake may also be held liable for any negligence that occurred the way to the procedure.

A health professional accused of Malpractice Lawyer must demonstrate that a patient was injured by an act or inability to act. To prove this the legal team representing the patient must show: (1) that the doctor had a responsibility to care for or treat the patient; (2) that he did not fulfill that duty; (3) that a causal link exists between the negligence and injury; and (4) the injuries result in damages that the legal system can address.

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

Depending on the circumstances the plaintiff (the person who filed the claim or their legal representative) or their attorney may choose to file in either state or federal court. Most malpractice cases are filed in state courts, however in certain situations the medical malpractice lawsuit could be filed in federal district court.

Wrong Surgery

A wrong-site procedure is a rare error, but it can be considered medical negligence if the procedure is carried out on the wrong portion of the body. This type of error is usually the result of miscommunications between the surgical team, or production pressures that result in surgeons being assigned multiple surgeries scheduled at the same time. In these situations the surgeon isn't the only one with liability for a wrong-site surgery because there is a legal rule known as "res ipsa loquitur" which means that the effect of the error speaks for itself and malpractice Lawyer can only be attributed to negligence.

When a patient is injured due to surgery performed on the wrong site and is injured, they may require additional procedures to repair problems caused due to the surgical error. Patients and their families are left with costly medical bills. This expense should be considered when calculating the financial impact of medical malpractice claims.

Surgeons are typically found to be responsible for surgical mistakes because they are the ones who are accountable for preparing for the operation, double-checking the patient's chart and medical records, coordinating effectively with the other members of the medical team and making sure the incision is made on the correct site. However, in some instances a hospital or anesthesiologist may also be held responsible. Medical malpractice cases are typically filed in state courts, but under certain circumstances, they can be transferred to federal court.