Common Causes of Malpractice Litigation

The legal process for defending malpractice is a complex process. If a patient can demonstrate four elements, it will determine whether or not the error is malpractice. These are professional obligation in breach of this duty; an injury resulting from the breach; and measurable damage.

Plaintiffs must prove these elements by presenting evidence such as expert testimony, depositions, and discovery.

Incorrect diagnosis and failure to diagnose

Inability to recognize an injury or illness in a timely manner can result in serious complications, or death. The misdiagnosis of a patient is a frequent cause of medical negligence. To prove negligence, the patient or their attorney must show that a competent doctor under similar circumstances and in the same specialty would not have misdiagnosed the problem.

Not every misdiagnosis is malpractice, however. Even highly trained and experienced doctors make mistakes, therefore a claim of malpractice must be backed by other elements like breach, proximate causation, and actual injury. If a doctor does not sterilize his equipment prior to giving anesthesia, and the patient develops an infection due to this, he could be guilty.

Lawsuits alleging malpractice lawsuit are typically filed in state trial courts where the alleged error occurred. However, federal courts might have jurisdiction in certain situations. A claim can be brought before a federal court under certain circumstances. For instance it could involve the issue of a statute of limitation or when the parties have different citizenships. Certain disputes are settled via arbitration that is binding and voluntary. This is a less formal procedure that involves professionals who make the decisions. It is designed to cut costs, expedite legal proceedings and eliminate the possibility of excessively generous juries. Arbitration is not available in all cases of malpractice lawyer.

Dosage for a drug that is not correct

Medication errors--also called medication mistakes--are one of the main causes of medical malpractice lawsuits. These errors can be caused by a doctor writing prescriptions in the wrong format or giving the patient the incorrect dosage. These errors are usually avoidable. Based on the circumstances the hospital staff member, a pharmacist or other health professionals may be held liable for the injuries suffered by a patient who was prescribed the wrong dosage of medication.

A doctor could prescribe the wrong medication to a patient as a result of an inaccurate diagnosis or simply by misreading the prescription. A health professional could also administer the wrong dose due to an interruption in communication like when nurses read the doctor's handwritten prescription incorrectly or the pharmacist is mistaken in filling the prescription. In other cases the doctor could delay delivering the correct medication, which can cause the patient's condition to worsening.

To prevail in a malpractice attorneys case, the victim must demonstrate that the medical professional violated their standard of care and that negligence directly caused the injuries. This requires medical expert testimony. A medical malpractice claim (Recommended Studying) also must establish the extent and malpractice claim severity of the victim's injuries. This includes the cost of treatment for the victim as well as any lost wages. The more the loss, the higher the value of the claim.

Incorrect Procedure

This type of incident is not uncommon. It may seem impossible for medical professionals to carry out the wrong procedure on patients, however, it happens. A surgeon who commits this kind of error could be held accountable for negligence. A patient who is injured due to an error during surgery may be held responsible for any negligence that occurred during the procedure.

A medical professional accused of malpractice has to prove that the patient was injured because of an act or failure to act. To prove this, the legal team representing the patient has to prove: (1) that the doctor had a responsibility to care for or treat the patient; (2) that he did not fulfill that duty; (3) that a causal link exists between the breach and injury; and (4) the injuries result in damages that the legal system could address.

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

Based on the circumstances the plaintiff (the person who filed the claim or their legal representative) or their lawyer may decide to file the case in either state or federal court. The majority of malpractice cases are filed in state court, but under certain circumstances, a medical malpractice lawsuit can be brought in federal district court.

Wrong Surgery

The wrong-site surgery is rare but it could be considered medical malpractice in the event that the procedure is carried out in the wrong part of your body. This kind of error is usually the result of miscommunications between the surgical team, or by production pressures that result in surgeons having multiple surgeries assigned at once. In these cases, the surgeon is not alone in his or her liability for a wrong-site surgery due to a legal rule known as "res ipsa loquitur" which means that the effect of the error speaks for itself and can only be attributed to negligence.

If a patient gets injured as a result of surgery done on the wrong location it is possible that he or she will require additional procedures to repair issues that were caused by the surgical mistake. This leads to costly medical expenses for patients as well as their families. These expenses must be considered when calculating the financial consequences of medical malpractice lawsuits.

Surgeons are usually held accountable for surgical errors since they are the ones who are responsible for making preparations for the operation and double-checking the patient's medical chart and medical records, communicating effectively with other members of the medical team, and making sure that the incision is placed at the right place. In some cases an anesthesiologist or hospital can also be held liable. Medical malpractice lawsuits are usually filed in state courts, but in certain situations they may be transferred to federal court.