Common Causes of Malpractice Litigation

Malpractice litigation is a complex procedure. The degree to which an error constitutes malpractice depends on whether the patient is able to prove four legal elements which include professional duty breach of this duty; injury due to the breach and the possibility of quantifiable damages.

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

Incorrect diagnosis and inability to diagnose

A physician's inability to diagnose an illness or injury could result in grave complications, or even death. A large number of medical malpractice cases involve mistakes in diagnosis. To prove negligence the patient or their attorney must demonstrate that a competent physician under similar circumstances and working in the same specialty would not have misdiagnosed the problem.

There are many misdiagnosis that could be considered malpractice, however. Even the most skilled and trained doctors make mistakes, and a claim of malpractice lawyer must be backed by other elements like breach, proximate causation, and actual injury. If a physician fails to sterilize his equipment prior to giving anesthesia and the patient gets infected due to this, the doctor might be liable.

Lawsuits that claim malpractice are usually filed in state trial courts where the alleged malpractice occurred. Federal courts could be able to hear cases in certain situations. For instance, a claim could be filed in federal court if it is disputes over the time limit for filing a claim or if there is a substantial variation in the citizenship of the parties involved in the case. In other cases, certain claims are resolved through binding arbitration that is voluntary. This is a less formal procedure that involves professionals who make the decisions. It is intended to save costs, expedite legal proceedings, and eliminate the possibility of excessively generous juries. However, arbitration is not accessible for all malpractice claims.

Dosage for a drug that is not correct

Medication errors, also known as medication mistakes, are among the most common causes of medical malpractice lawsuits. These errors are caused by a doctor who has submitted a prescription in the wrong format or giving the patient the wrong dosage. These errors are generally preventable. Based on the circumstances the hospital, its staff, a pharmacist or other health care professionals may be held liable for the harms suffered by patients who were given the wrong dose of medication.

A doctor may prescribe the wrong medication to a patient as a result of an incorrect diagnosis or simply because he/she misreads the prescription. A health professional can also administer the wrong dosage due to a failure in communication. For example nurses might not read a doctor's prescription correctly or a pharmacist may have a mistake while filling the prescription. In other situations, a physician might delay in administering the correct medication to the patient, resulting in their condition becoming worse.

To be successful in a malpractice Lawyers lawsuit, a victim must prove that the medical professional did not meet their standards of care and that the negligence directly caused the injuries. This requires testimony from a medical expert. A medical malpractice case must prove the severity and the damages caused by the victim's injuries. This includes the cost of treatment and any lost wage. The more loss you suffer of the claim, the greater the value of the claim.

The wrong procedure

This kind of incident is not unusual. It may seem like a challenge for medical professionals to carry out the incorrect procedure on patients but it does happen. A surgeon who makes the mistake could be held accountable for malpractice. However, a patient who is injured due to a surgical error may also be held liable for any negligence that occurred along the path to the procedure.

Any health care professional who is alleged to be negligent must prove that the patient was injured by a specific act or inaction. To establish this the legal team representing the patient must show that: (1) the doctor had an obligation to provide treatment or treatment; (2) that the doctor breached the duty of care; (3) that there is a direct causal relationship between the breach and the injury and (4) that the injury causes damages that the legal system is able to deal with.

A breach of the duty of care is meaningless unless it causes injury this is why medical malpractice lawsuits are generally founded on a legal principle called "res ipsa loquitur." This law says that, in a majority of cases certain injuries are obvious and recognizable that they can only be explained through negligent acts.

Depending on the facts depending on the facts, the plaintiff (the person who filed the claim, or their legal representative) or their lawyer could decide to file a lawsuit either in state or federal court. The majority of malpractice cases are filed in state courts, however in certain situations the case of medical negligence may be filed in federal district court.

Wrong Surgery

Wrong-site surgery is a rare error, but it can be considered medical malpractice when the procedure is performed on the wrong side of the body. This kind of error is often caused by miscommunications between members of the surgical team, or due to production pressures that lead to surgeons having several surgeries to perform at the same time. In these instances, 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 result is a matter of fact and cannot be attributed to negligence.

If a patient is injured during an operation that was performed on the wrong site, he or her may require additional procedures in order to correct problems that were exacerbated due to the error. This can result in high medical expenses for patients as well as their families. It is important to keep these costs in mind when calculating the financial impact of medical malpractice lawsuits.

Most often surgeons are held accountable for surgical mistakes. They are responsible in preparing the patient for the procedure, checking the medical records and charts of the patient, coordinating with the rest of the medical staff, and ensuring that the incision was made in the correct place. In some cases, a hospital or anesthesiologist could also be held accountable. Medical malpractice cases are typically filed in state courts, however, in certain situations, they can be transferred to federal court.