Common Causes of Malpractice Litigation

The legal process for defending malpractice is a complex procedure. The degree to which an error is malpractice law firms based on whether the patient is able to prove four legal elements: a professional duty and breach of this duty; injury resulting from the breach; and damages that can be quantifiable.

Plaintiffs must also prove these elements through evidence like expert testimony, depositions, or discovery.

Misdiagnosis and Failure to Diagnose

Inability to recognize an injury or illness correctly can result in serious complications, or even death. Misdiagnosis is a common reason for medical negligence. To prove negligence the patient or their attorney must show that a competent physician under similar circumstances and in the same field would not have misdiagnosed the problem.

The misdiagnosis of a patient does not always mean malpractice. Even highly experienced and trained doctors can make mistakes. Therefore, a claim of malpractice lawyers has to be backed up by other elements, such as breach, proximate cause and actual injury. If a doctor fails sterilize his equipment prior to giving anesthesia and the patient becomes infected due to this, he could be liable.

Lawsuits alleging malpractice are typically filed in state trial courts, where the alleged misconduct occurred. Federal courts can be able to handle the case in certain instances. For instance, a lawsuit may be brought in federal court if it involves the interpretation of the statute of limitations or when there is a significant diversity of citizenship of the parties in the case. Some claims can be settled through voluntary binding arbitration. This is a less formal procedure that involves professional decision makers. It is designed to minimize costs, expedite the legal proceedings, and eliminate the risk associated with overly generous juries. Arbitration is not always available in cases of misconduct.

Dosage of a drug that is incorrect

Medication errors, also known as medication errors are among the main causes of medical malpractice lawsuits. They can involve a physician writing a prescription incorrectly or giving the wrong dosage to a patient. These errors are generally preventable. Based on the circumstances the situation, a pharmacist, a hospital or other health care providers could be held responsible for the injuries resulting from a patient who received the wrong dose of a 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 care professional may also give the wrong dosage due to a lapse in communication. For instance nurses may not read a doctor's prescription correctly or a pharmacist might fail to fill the prescription. In other cases, the physician may delay delivering the correct medication, which can result in the patient's health getting worse.

A victim must prove, in order to win a malpractice claim, that the medical professional violated their standards of practice and that their injuries were directly attributed to the negligence. This requires the testimony of a medical expert. A medical malpractice case also must prove the severity and damages of the victim's injuries. This includes the cost of treatment and any lost wages. The more money you lose, the higher the value of the claim.

Unskillful Procedure

This kind of situation is not unusual. It may seem like a challenge for medical professionals to carry out the incorrect procedure on patients, but it's true. A surgeon who commits the mistake could be held accountable for negligence. However those who are injured by a surgical mistake may also be held liable for any negligence that occurred the process.

A health care professional accused of malpractice has to prove that the patient was injured due to an act or failure to act. To establish this, the legal team of the patient must prove: (1) that the doctor was obligated to provide care or treat the patient; (2) that he violated his duty; (3) that a causal connection exists between the negligence and injury and (4) the injury causes damages that the legal system could address.

A breach of the duty of care has no significance unless it causes injury which is the reason medical malpractice lawsuits are generally based on a legal doctrine called "res ipsa loquitur." This law says that, in many instances certain injuries are so obvious and evident that they can only be explained by negligence.

Depending on the circumstances, the plaintiff (the person who filed the claim, or their legal representative) or their lawyer can decide to file the case in federal or state court. The majority of malpractice cases are filed in state courts, however in certain situations a medical negligence case could be filed with a federal district court.

Wrong Surgery

The wrong-site procedure is rare but it can be considered medical malpractice when the procedure is done in the wrong part of your body. This type of error is usually the result of miscommunications between members of the surgical team, or pressures in the production process that result in a surgeon having several surgeries to perform at the same time. In these instances the surgeon is not solely accountable for a mistaken-site procedure because of the legal principle known as "res ipsa locquitur" which states that the outcome speaks for itself and cannot be blamed on negligence.

If the patient is injured during an incorrect procedure the patient may require additional procedures in order to correct problems that were aggravated by the error. Patients and their families are left with costly medical bills. These costs should be considered when calculating the financial consequences of medical malpractice claims.

Surgeons are usually held liable for surgical errors as they are the ones who are responsible for properly preparing for the operation, double-checking the patient's chart and medical records, communicating effectively with the other members of the medical team, and making sure the incision is done at the correct place. In some cases, a hospital or anesthesiologist could also be held accountable. Medical malpractice claims are typically filed in state court however, they can be transferred under certain circumstances to federal court.