Common Causes of Malpractice Litigation

Malpractice litigation involves a complex procedure. The question of whether or not the error constitutes malpractice depends on the ability of the patient to prove four legal elements such as a professional duty; breach of this duty; injury caused by the breach and damages that can be quantifiable.

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

Incorrect diagnosis and failure to diagnose

The inability of a doctor to correctly diagnose an illness or injury could result in serious complications or even death. Many medical malpractice cases result from mistaken diagnosis. To prove negligence, a person or their lawyer must demonstrate that a skilled doctor in similar circumstances would not have misdiagnosed an illness.

Every misdiagnosis can be considered to be an error, but. Even the most skilled and trained doctors make mistakes. Therefore, the claim of malpractice must be supported by other factors like breach, proximate causation, and actual injury. If a doctor does not sterilize his equipment prior the time he administers anesthesia and the patient gets infected as a result of this, he could be held accountable.

Legal actions claiming malpractice are usually filed in state trial courts, where the alleged error occurred. Federal courts can be able to hear cases in certain circumstances. A claim can be brought before a federal court under certain circumstances. For instance, it may involve a dispute about a statute of limitation or in the event that the parties have different citizenships. Certain disputes are settled via arbitration that is binding and voluntary. This is a less formal process which involves professionals who make the decisions. It is designed to reduce costs, expedite the legal proceedings, and eliminate the risk associated with overly large juries. However, arbitration isn't accessible for all claims of malpractice.

Dosage for a drug that is not correct

Medication errors, often referred to as medication errors are among the main reasons for medical malpractice lawsuits. They can be the result of a doctor prescribing a prescription in error or giving the wrong dosage to the patient. These errors are generally preventable. According to the circumstances the situation, a pharmacist, a hospital or other health care providers could be held responsible for the injuries caused by a patient who was given the wrong dose of a drug.

A doctor could prescribe the wrong medication as a result of a misdiagnosis, or simply misreading the prescription. A health professional can also administer the incorrect dosage due to a lapse in communication. For example nurses may interpret a doctor's prescription incorrectly or a pharmacist might make a mistake when filling the prescription. In other situations, a doctor could delay administering the correct medication to the patient, which could result in their condition becoming worse.

A person seeking compensation must prove, for the sake of winning a malpractice lawsuit, that the medical professional violated their standard of practice and that their injuries were directly caused by the negligence. This requires medical experts to testify. Moreover, a medical malpractice case must demonstrate the extent of the victim's injuries and the damages they suffered because of the negligence. This includes the cost of treatment as well as any lost wage. The more money you lose, the higher the value of the claim.

Unskillful Procedure

This kind of situation is not uncommon. It may seem like a challenge for medical professionals to perform the wrong procedure on patients however, it happens. A surgeon who makes this mistake could be held liable for malpractice. Patients who are injured as a result of an error in surgery could be held accountable for any mistakes that were made during the procedure.

A health professional accused of malpractice has to prove that the patient was injured due to a specific act, or failure to act. To establish this, the legal team representing the patient has to prove: (1) that the doctor was required to treat or provide care to the patient; (2) that he breached that duty; (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 is no meaning unless it result in injury. This is the reason medical malpractice lawyers cases are often dependent on the lawful doctrine "res ipsa locquitur" which states that certain injuries are so obvious that they can be explained only by negligence.

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

Wrong Surgery

The wrong-site surgery is a common error, but it may be considered medical negligence if the procedure is performed on the wrong side of the body. This type of error is usually caused by miscommunication between the members of a surgical team, or production pressure that results in the surgeon being assigned multiple surgeries at once. In these situations, a surgeon is not solely responsible for an incorrect-site operation due to a legal principle known as "res ipsa locquitur", which states that the result speaks for itself and cannot be blamed on negligence.

If a patient gets injured due to surgery performed on the wrong site and is injured, they may require additional treatments to correct issues that were caused due to the surgical error. This leads to costly medical expenses for the patient and their families. These expenses must be considered when calculating the financial impact of medical malpractice lawsuits.

Most often, surgeons are held responsible for surgical errors. They are accountable to prepare the patient for surgery, reviewing the medical records and charts of the patient, coordinating with the medical staff, and making sure that the incision was placed in the proper location. In some cases hospitals or anesthesiologists may also be held responsible. Medical Malpractice Lawyers claims are generally filed in state court but may be transferred in certain circumstances to federal court.