Common Causes of Malpractice Litigation

Malpractice litigation can be a difficult procedure. If a patient is able to prove four elements, it will decide whether or not the mistake is malpractice. These are professional obligation and a breach of that duty; a loss resulting from this breach; and measurable damages.

Plaintiffs must also prove these elements through evidence such as expert testimony, depositions, and discovery.

Undiagnosed or Incorrectly Diagnosed

Failure to identify an illness or injury accurately could lead to serious complications, or even death. Misdiagnosis is a common cause of medical malpractice. To prove negligence the patient or malpractice lawyer their attorney must prove that a competent doctor under similar circumstances and in the same area would not have misdiagnosed the condition.

There are many misdiagnosis that could be considered negligence, but. Even highly skilled and experienced doctors can make mistakes. Therefore, any claim of malpractice has to be backed by other elements, such as breach, proximate cause and actual injury. If a doctor fails to sterilize his equipment prior the time he administers anesthesia and the patient becomes infected as a result of this, the doctor may be held accountable.

In most instances, lawsuits claiming malpractice will be filed in the state trial court where the alleged error occurred. Federal courts can, however, have jurisdiction in certain situations. A case can be brought before a federal court under certain circumstances. For example, it may involve an issue regarding the statute of limitations or when the parties are of different nationalities. Some claims are settled by binding arbitration. This is a less-formal process that is governed by professional decision makers. It is designed to cut costs, expedite the legal process, and remove the risks associated with large juries. Arbitration is not available in all instances of malpractice.

Dosage of a drug that is incorrect

Medication errors, also referred to as medication errors, are one of the main reasons for medical malpractice lawsuits. They can result from a doctor prescribing a prescription in error or giving the wrong dosage to patients. These errors are usually avoidable. According to the situation, a pharmacy, a hospital or other health care providers could be held responsible for the harm caused by patients who were given the wrong dose of a drug.

A doctor may prescribe the wrong medication because of a misdiagnosis or by simply making a mistake in the prescription. A health care professional could also prescribe the wrong dosage because of an interruption in communication like when the nurse reads a doctor's handwritten script incorrectly or the pharmacist is mistaken in filling out the prescription. In other cases doctors may delay in administering the correct medication to the patient, resulting in their condition worsening.

A person who suffers from a medical malpractice claim must prove, to be successful in a malpractice claim, that the medical professional breached their standard of practice and that their injuries were directly caused by the negligence. This requires medical expert testimony. A medical malpractice lawyer case also must establish the extent and severity of the victim's injuries. This includes the costs of treatment for a patient and any lost wages. In general, the greater a loss is, the more valuable the claim will be.

Wrong Procedure

It may seem impossible that medical professionals would perform the incorrect procedure on a patient but this type of incident is quite common. A surgeon who makes this error can be found to be liable 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 harmed by a specific action or inaction. To prove this, the legal team representing the patient must demonstrate: (1) that the doctor was legally obligated to provide care or treat the patient; (2) that he failed to fulfill his obligation; (3) that a causal link exists between the breach and injury and (4) the harm results in damages that the legal system could address.

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

Depending on the facts of the situation, the plaintiff (the patient or their legally appointed representative) or their attorney may present the claim to federal or state court. The majority of malpractice cases are filed in state courts, however in certain circumstances, a medical malpractice case could be filed in federal district court.

Wrong Surgery

A wrong-site procedure is a rare error, but it may be considered medical malpractice if the procedure is performed on the wrong part of the body. This kind of error usually occurs as the result of miscommunication between the members of a surgical team, or production pressure that leads to a surgeon being assigned multiple surgeries at the same time. In these instances, the surgeon is not the only one with responsibility for a surgery that was performed on the wrong site since there is an underlying legal principle referred to as "res ipsa loquitur" which means that the result of the error speaks for itself and cannot be traced to negligence.

When a patient is injured as a result of surgery done on the wrong location and is injured, they may require additional treatments to correct problems caused by the mistake. Patients and their families are left with expensive medical bills. It is crucial to consider these costs when calculating the financial impact of medical Malpractice lawyer claims.

Surgeons are often held liable for surgical errors because they are the individuals who are responsible for making preparations for the operation by double-checking patient's chart and medical records, coordinating effectively with the other members of the medical team and making sure that the incision is located at the correct location. However, in some instances hospitals or anesthesiologists may also be liable. Medical malpractice claims are usually filed in state courts, however, under certain circumstances, they can be transferred to federal court.