Common Causes of Malpractice Litigation

The legal process for defending malpractice is a complex process. The question of whether or not an error Malpractice Lawsuits is considered to be malpractice is dependent on the ability of the patient to establish four legal elements such as a professional duty breach of this duty; harm resulted from the breach and quantifiable damages.

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

Misdiagnosis or Failure to Diagnose

The failure of a physician to diagnose an illness or injury could lead to serious complications or even death. A large number of medical malpractice cases involve mistaken diagnosis. 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.

A misdiagnosis is not always negligence. Even experienced and highly trained doctors are not immune to mistakes. Therefore, a claim of malpractice must be backed by other factors, such as breach, proximate causes and actual injury. For example, if a physician fails to properly clean their equipment prior the time they administer anesthesia to a patient and they develop an infection because of it, the doctor could be liable for malpractice.

The majority of lawsuits involving malpractice are filed in state trial courts, where the alleged malpractice occurred. However, federal courts may be able to handle cases in certain circumstances. A case can be brought before a federal court in specific circumstances. For example it could be disputes over a statute of limitation or when the parties have different citizenships. Certain claims are settled through arbitration that is binding and voluntary. This is a less formal process that involves professionals who make the decisions. It is designed to cut costs, speed up legal proceedings and reduce the risk of overly generous juries. Arbitration is not always available in cases of malpractice.

Wrong Drug Dosage

Medication errors are one of the main causes of medical malpractice lawsuit lawsuits. These errors are caused by a doctor writing a prescription in the wrong format or Malpractice lawsuits giving the patient the incorrect dosage. These errors are often preventable. According to the circumstances the situation, a pharmacist, a hospital or other health care provider could be held accountable for the injuries resulting from an individual who took the wrong dosage of a medication.

A doctor could prescribe wrong medication to a patient because of an inaccurate diagnosis or simply due to a misreading of the prescription. A health professional could also prescribe the wrong dosage because of an issue with communication, such as when nurses read a doctor's handwritten script incorrectly or the pharmacist commits an error in filling the prescription. In other instances the doctor may delay the proper medication to the patient, resulting in their condition becoming worse.

In order to be successful in a malpractice case, the victim must establish that the medical professional did not meet their standard of care and that negligence directly caused their injuries. This requires the testimony of a medical expert. Medical malpractice cases also must prove the severity and the damages caused by the victim's injuries. This includes the costs of treatment as well as any wages lost. The more loss you suffer, the higher the value of the claim.

Unskillful Procedure

This kind of incident is not uncommon. It may seem like a challenge for medical professionals to perform the wrong procedure on patients but it's true. A surgeon who commits this error may be held liable for malpractice. However, a patient who is injured due to a surgical error can also be held accountable for any negligence that occurred the way to the procedure.

A health professional accused of negligence must prove that the patient was injured because of an act or inability to take action. To establish this the legal team representing the patient has to prove: (1) that the doctor was legally obligated to provide treatment or care to the patient; (2) that he failed to fulfill his obligation; (3) that a causal connection exists between the breach and injury; and (4) the injuries result in damages that the legal system can deal with.

A breach of the duty of care is meaningless unless it causes injury this is why medical malpractice lawsuits are generally built on a legal concept called "res ipsa loquitur." This law states that, in the majority of cases, certain injuries are so evident and obvious that they cannot be explained except by negligent acts.

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

Wrong Surgery

The wrong-site surgery isn't common, but can be considered medical malpractice when the procedure is done in the wrong place on your body. This kind of error is usually caused by miscommunication between the members of a surgical team, or production pressure that leads to the surgeon being tasked with multiple surgeries at once. In these cases, the surgeon is not solely responsible for his or her liability for a wrong-site surgery since there is a legal principle called "res ipsa loquitur" which means that the outcome of the error speaks for itself and cannot be attributed to negligence.

If someone is injured during an incorrect procedure it is possible that the patient will require additional procedures in order to correct issues that were caused by the mistake. Patients and their family members are left with hefty medical bills. It is crucial to take these costs into account when calculating the financial cost of medical malpractice lawsuits.

The majority of times surgeons are liable for surgical errors. They are accountable to prepare the patient for the procedure, as well as checking the medical records and charts of the patient, coordinating with the rest of the medical staff, and making sure that the incision was made in the correct place. However, in some instances an anesthesiologist or hospital may also be liable. Medical malpractice cases are typically filed in state courts. However, under certain circumstances, they can be transferred to federal court.