Common Causes of Malpractice Litigation

Malpractice litigation involves a complex process. If a patient can demonstrate four factors, it will determine whether or not the error is a case of malpractice. These are professional obligation; a breach of that duty; a loss resulting from the breach; and measurable damage.

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

Misdiagnosis and Failure to Diagnose

The inability of a doctor to accurately diagnose an illness or injury could result in serious complications or even death. A large number of medical malpractice law firm cases involve misdiagnosis. To prove negligence, a person or their lawyer must show that a skilled doctor in similar circumstances would not have misdiagnosed the condition.

There are many misdiagnosis that could be considered an error, but. Even highly experienced and trained doctors can make errors. Therefore, a claim of malpractice must be backed by other factors such as breach, proximate reason and actual injury. If a doctor fails sterilize his equipment prior the time he administers anesthesia, and the patient develops an infection because of this, the doctor might be held accountable.

In most instances, lawsuits claiming that there was a mistake will be filed in the state trial court in which the alleged misconduct occurred. Federal courts can, however, have jurisdiction in certain circumstances. A case can be brought before a federal court in certain circumstances. For instance it could involve a dispute about the statute of limitations or if the parties are of different citizenships. Certain disputes are settled through binding voluntary arbitration. This is a less formal procedure which involves professional decision makers and is intended to save costs, speed up legal proceedings, and eliminate the possibility of excessively generous juries. However, arbitration isn't available for all claims of malpractice.

Dosage for a drug that is not correct

Medication errors, also known as medication mistakes, are one of the most frequent causes of medical malpractice lawsuits. These errors can be caused by a physician submitting prescriptions in the wrong format, or giving the patient the incorrect dosage. These errors are generally preventable. Depending on the circumstances, a hospital or its staff, a pharmacist or other health care professionals could be held responsible for the injuries suffered by a patient who was prescribed the wrong dosage of medication.

A doctor could prescribe the wrong medicine because of a misdiagnosis or simply making a mistake in the prescription. A health professional could also administer the wrong dosage because of an inability to communicate for example, when the nurse reads the handwritten prescription of a doctor incorrectly or the pharmacist is mistaken in filling the prescription. In other situations doctors may delay in administering the correct medication to the patient, which could result in the patient's condition getting worse.

A person who suffers from a medical malpractice claim must prove, in order to prevail on a malpractice lawsuit that the medical professional violated their professional standards and that their injuries were directly caused by the negligence. This requires medical experts to provide evidence. A medical malpractice case must prove the severity and severity of the victim's injuries. This includes the cost of treatment and any lost wages. Generally, the greater a person's losses are then, the more valuable the claim will be.

The wrong procedure

It might seem unlikely for medical professionals to perform the incorrect procedure on a patient however, this type of event occurs. A surgeon who makes the mistake could be held liable for malpractice. If a patient is injured because of an error during surgery may be held accountable for any negligence that occurred during the procedure.

A medical professional accused of malpractice must demonstrate that the patient was injured because of the specific act or failure to take action. To establish this the legal team representing the patient must show that: (1) the doctor was in an obligation to provide care or treatment; (2) that the doctor breached this duty; (3) that there is a direct causal link between the breach and the injury; and (4) that the injury causes damages which the legal system has the power to deal with.

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

Depending on the facts the plaintiff (the person who filed the claim, or their legal representative) or their lawyer can decide to file a lawsuit in federal or state court. Most malpractice cases are filed in state court. However, under limited circumstances medical malpractice lawsuits can be filed in federal district court.

Wrong Surgery

The wrong-site surgery is a common error, but it could be considered medical malpractice when the procedure is performed on the wrong area of the body. This kind of error usually occurs as caused by miscommunication between members of a surgical team or production pressure that leads to the surgeon being tasked with multiple surgeries at once. In these instances, a surgeon is not solely responsible for a misplaced procedure because of a legal principle known as "res ipsa locquitur" which says that the result speaks for itself and cannot be attributed to negligence.

If a patient gets injured due to surgery performed on the wrong site and is injured, they may require additional procedures to correct problems caused due to the surgical error. This results in costly medical expenses for patients and their families. It is crucial to keep these costs in mind when calculating the financial costs of medical malpractice lawsuits.

Surgeons are typically found to be responsible for surgical mistakes because they are the ones who are accountable for preparing for the operation and double-checking the patient's medical chart and medical records, coordinating effectively with other members of the medical team and making sure that the incision is placed at the right place. In certain instances hospitals or anesthesiologists could also be held accountable. Medical malpractice lawsuits are typically filed in state court however, they can be transferred under certain circumstances to federal court.