Common Causes of Malpractice Litigation

The process of bringing a malpractice lawsuit is a complex procedure. If a patient can demonstrate four elements, it will be able to determine whether or not the error is a case of malpractice lawyer. These are professional obligation and a breach of that duty; a loss resulting from the breach; and quantifiable damages.

Plaintiffs must also demonstrate these elements with evidence like expert testimony, depositions, or discovery.

Misdiagnosis and Failure to Diagnose

The inability of a doctor to correctly diagnose an illness or injury could lead to grave complications, or even death. Incorrect diagnosis is a common reason for medical malpractice. To establish negligence, a patient or their lawyer must demonstrate that a qualified doctor in similar circumstances would not have misdiagnosed the condition.

Not every misdiagnosis is negligence, but. Even highly experienced and trained doctors can make mistakes. Therefore, any claim of malpractice has to be backed by other elements like breach, proximate reason and actual injury. If a doctor fails sterilize his equipment prior to giving anesthesia, and the patient gets infected as a result of this, the doctor might be liable.

Legal actions claiming malpractice are usually filed in state trial courts where the alleged malpractice occurred. Federal courts can however have jurisdiction in certain situations. For example, a claim may be brought in federal court in the event of a dispute over a statute of limitations or if there is a substantial diversity of citizenship of the parties in the case. In other cases, certain claims are resolved through binding arbitration that is voluntary. This is a less formal process which involves professionals who make the decisions. It is designed to reduce costs, speed up legal proceedings, and eliminate the risk associated with overly large juries. However, arbitration is not available for all claims of malpractice.

Wrong Drug Dosage

Medication errors, also referred to as medication mistakes, are one of the main causes of medical malpractice lawsuits. They can involve a physician writing a prescription that is not correct or delivering the wrong dose to a patient. These mistakes are usually preventable. Based on the circumstances, a hospital or its staff, pharmacist or other health care providers may be held liable for the injuries of the patient who received the wrong dosage of a drug.

A doctor could prescribe the incorrect medication to a patient as a result of an inaccurate diagnosis or simply due to a misreading of the prescription. A health professional could also administer the wrong dosage due to a breakdown in communication. For instance the nurse might interpret a doctor's prescription incorrectly or a pharmacist might make an error when filling the prescription. In other cases doctors may delay in administering the correct medication to the patient, resulting in their condition deteriorating.

A plaintiff must prove to be successful in a malpractice lawsuit that the medical professional violated their professional standards and that their injuries were directly attributed to the negligence. This requires medical experts to be present. A medical malpractice lawyers case also must prove the extent and damage of the victim's injuries. This includes the cost of treatment for a patient and any wages lost. The more the loss the greater the value of the claim.

The wrong procedure

It's not likely for medical professionals to perform the incorrect procedure on a patient, but this type of incident is quite common. A surgeon who commits this mistake could be held accountable for negligence. A patient who suffers injury as a result of an error during surgery may be held accountable for any error that occurred during the procedure.

Any health professional who is alleged to be negligent must prove that the patient was harmed by a specific act or omission to act. To establish this the legal team of the patient must demonstrate: (1) that the doctor was legally obligated to treat or provide care to the patient; (2) that he did not fulfill that duty; (3) that a causal connection exists between the negligence and injury and (4) the injury results in damages which the legal system may address.

A breach of the duty of care is insignificant unless it causes injury, that's why medical malpractice claims are typically made based on a law known as "res ipsa loquitur." This law says that, in the majority of cases certain injuries are obvious and recognizable that they are only explained by negligent acts.

Depending on the facts of the case, the plaintiff (the patient or their legally designated representative) or their lawyer may file the claim in state or federal court. The majority of malpractice cases are filed with state courts, however in certain circumstances a medical negligence case may be filed in federal district court.

Wrong Surgery

Surgery performed on the wrong site is a very rare error, but it may be considered medical negligence if the procedure is performed on the wrong part of the body. This kind of error is usually caused by miscommunications between the surgical team, or due to pressures on production that result in surgeons having several surgeries to perform at the same time. In these cases, the surgeon is not solely responsible for his or her responsibility for an incorrect-site procedure due to a legal rule known as "res ipsa loquitur" which means that the outcome of the error speaks for itself and can be attributed to negligence.

If an individual is injured in a wrong-site procedure and is injured, they may require additional procedures in order to correct issues that were caused by the error. This results in costly medical expenses for patients and their families. This expense should be taken into consideration when calculating the financial impact of medical malpractice lawsuits.

Surgeons are typically held liable for surgical errors because they are the ones who are responsible for preparing for the operation by double-checking patient's chart and medical records, communicating effectively with other members of the medical team, and making sure that the incision has been done at the correct place. However, in certain instances an anesthesiologist or a hospital could also be liable. Medical malpractice cases are usually filed in state court but they may be transferred under certain circumstances to federal court.