Common Causes of Malpractice Litigation

Malpractice litigation can be a difficult procedure. If a patient can demonstrate four factors, it will determine whether or not the mistake is a case of malpractice. These are the following: a professional obligation and a breach of that obligation; a repercussion from the breach; and quantifiable damages.

Plaintiffs must also prove the elements by using evidence, such as expert testimony and depositions.

The wrong diagnosis and the inability to recognize

Failure to diagnose an injury or illness correctly can cause serious complications, or even death. A large number of medical malpractice cases involve misdiagnosis. To prove negligence the patient or their attorney must show that a competent doctor in similar circumstances and in the same specialty would not have misdiagnosed the condition.

It is not always a case of an error, but. Even highly trained and experienced doctors make mistakes, therefore the claim of malpractice law firm must be backed by other elements such as breach, proximate causation and actual injury. For instance, if a physician does not properly sterilize their equipment prior to giving anesthesia and the patient develops an infection due to the infection, the doctor could be found to be negligent.

In most 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 hear cases in certain instances. A claim can be brought before a federal court in specific circumstances. For example it could involve disputes over the statute of limitations or if the parties are of different citizenships. Certain disputes are settled through arbitral arbitration, which is a binding process. This is a less formal procedure involving professional decision makers that is designed to reduce costs, expedite legal proceedings and reduce the possibility of excessively generous juries. However, arbitration is not available for all claims of malpractice.

Wrong Drug Dosage

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

A doctor might prescribe the wrong medication to a patient because of an inaccurate diagnosis or simply because they misread the prescription. A health care provider can also administer the wrong dosage due to a lapse in communication. For example, a nurse may take a doctor's prescription and read it incorrectly or a pharmacist could make an error when filling the prescription. In other instances, a doctor could delay the administration of the correct medication to the patient, which could result in their condition becoming worse.

To be successful in a malpractice case, a victim must demonstrate that the medical professional did not meet their standards of care and that the negligence directly caused their injuries. This requires medical experts to be able to testify. A medical malpractice claim also must prove the severity and severity of the victim's injuries. This includes the cost of treatment for a patient and any wages lost. The greater the loss the greater the value of the claim.

Wrong Procedure

This kind of situation is not unusual. It may seem impossible for medical professionals to perform the wrong procedure on patients however, it happens. A surgeon who makes this error may be held to be liable for negligence. A patient who is injured because of a surgical error may be held liable for any negligence that occurred during the procedure.

A health care professional who is accused of malpractice must prove that a patient was injured by a specific act, or failure to take action. To prove this the legal team representing the patient must prove that: (1) the doctor had the obligation to provide medical care or treatment; (2) that the doctor breached this duty; (3) that there is a direct causal connection between the breach and the injury; and (4) that the injury causes damages which the legal system has the power to resolve.

A breach of duty of care has no significance unless it results in injury. This is the reason medical malpractice cases tend to be 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, the plaintiff (the person who filed the claim, or their legal representative) or their lawyer may choose to file in federal or state court. The majority of malpractice cases are filed in state courts, but in certain circumstances a medical negligence case can be filed in federal district court.

Wrong Surgery

The procedure that is performed on the wrong site is not common, but can be considered medical Malpractice Lawyer in the event that the procedure is carried out in the wrong place on your body. This type of error is often caused by miscommunication between members of a surgical team, or production pressure that results in the surgeon being assigned multiple surgeries at one time. In these situations, a surgeon is not solely responsible for a wrong-site operation because of the legal principle known as "res ipsa locquitur" which says that the outcome speaks for itself and cannot be attributed to negligence.

If the patient is injured during a wrong-site procedure the patient may require additional procedures to fix problems that were made worse due to the error. Patients and Malpractice Lawyer their families are left with expensive medical bills. This expense should be taken into consideration when calculating the financial impact of medical malpractice lawyers claims.

The majority of times surgeons are liable for surgical errors. They are accountable in preparing the patient prior to the procedure, as well as checking the chart and medical records of the patient, communicating with the medical staff, and ensuring that the incision was placed in the correct place. In some cases an anesthesiologist or hospital could also be held accountable. Medical malpractice lawsuits are typically filed in state court, but may be transferred in certain circumstances to federal court.