Common Causes of Malpractice Litigation

The legal process for defending malpractice is a complex procedure. If the error constitutes malpractice depends on whether the patient can establish four legal elements that include a professional obligation breach of this duty; harm resulting from the breach; and tangible damages.

Plaintiffs must be able to prove the elements using evidence like expert testimony and depositions.

The wrong diagnosis and the inability to recognize

A physician's inability to correctly diagnose an illness or injury can lead to serious complications or even death. A large number of medical malpractice cases involve misdiagnosis. To prove negligence the patient or their attorney must show that a competent physician under similar circumstances and working in the same field would not have misdiagnosed the condition.

Every misdiagnosis can be considered to be an error, but. Even the most experienced and highly trained doctors make mistakes. Therefore, any claim of malpractice has to be backed by other elements such as breach, proximate causality and actual injury. For instance, if a physician does not properly sterilize their equipment prior to giving anesthesia and the patient suffers an infection due to the infection the doctor could be guilty of malpractice.

The majority of lawsuits involving malpractice are filed in state trial courts, where the alleged error occurred. Federal courts can be able to hear cases in certain circumstances. A case may be brought before a federal court under certain circumstances. For instance, it may involve the issue of a statute of limitation or when the parties are of different citizenships. Additionally, some cases are resolved through binding arbitration that is voluntary. This is a less formal procedure which involves professionals who make the decisions. It is designed to cut expenses, speed up the legal proceedings, and eliminate the risk associated with overly large juries. Arbitration is not always available in cases of malpractice lawyer (http://moden126.mireene.com/bbs/board.php?bo_table=uselist3&wr_id=195902).

Dosage of a drug that is incorrect

Medication errors, also referred as medication mistakes are among the leading causes of medical malpractice lawsuits. These errors can be caused by a physician who writes prescriptions in the wrong format or giving the patient the wrong dosage. These mistakes are often avoidable. Based on the circumstances the hospital, its staff, a pharmacist or other health care provider may be held liable for the injuries of a patient who was given the wrong drug dosage.

A doctor can prescribe the wrong medication as a result of a misdiagnosis or by simply making a mistake in the prescription. A health care provider can also prescribe the wrong dosage due to a breakdown in communication. For example nurses might take a doctor's prescription and read it incorrectly or a pharmacist might make an error when filling the prescription. In other cases the doctor might delay giving the correct medication, which can lead to the patient's condition worsening.

To win an action for malpractice, a victim must show that the medical professional breached their standards of care and that the negligence directly contributed to their injuries. This requires medical expert testimony. A medical malpractice law firms case must prove the severity and the damages caused by the victim's injuries. This includes the costs of treatment for the victim as well as any wages lost. The greater person's losses are, the more valuable the claim will be.

Incorrect Procedure

This kind of incident is not uncommon. It may seem impossible for medical professionals to carry out the incorrect procedure on patients however, it happens. The surgeon who makes this mistake can be held liable for malpractice. However those who are injured by a surgical mistake can also be held accountable for any negligence that occurred during the process.

Any health care professional who is accused of negligence must show that the patient was injured through a specific act or inaction. To prove this the legal team of the patient must show: (1) that the doctor was legally obligated to treat or provide care to the patient; (2) that he violated his duty; (3) that a causal link 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 this is why medical malpractice lawsuits are generally based on a legal doctrine known as "res ipsa loquitur." This law says that, in the majority of cases, certain injuries are so obvious and unmistakable that they cannot be explained except by negligence.

Based on the facts of the situation, the plaintiff (the patient or their legally designated representative) or their attorney could present the claim to state or federal court. The majority of malpractice cases are filed in state court, but under certain circumstances, a medical malpractice case could be filed in federal district court.

Wrong Surgery

The wrong-site surgery is rare but it can be considered medical malpractice if the procedure is performed in the wrong area of your body. This type of error is typically caused by a lack of communication between the members of a surgical team or production pressure that results in the surgeon being tasked with multiple surgeries at the same time. In these cases the surgeon is not solely responsible for a wrong-site operation due to the legal principle known as "res ipsa locquitur" which states that the outcome speaks for itself and cannot be blamed on negligence.

If a patient gets injured during surgery that is performed on the wrong site it is possible that he or she will require additional procedures to repair problems that are aggravated by the mistake. This can result in high medical expenses for patients and their families. These expenses should be taken into consideration when calculating the financial consequences of medical malpractice claims.

Surgeons are most often found to be responsible for surgical mistakes because they are the ones who are responsible for properly 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 the incision is made on the correct site. However, in some instances hospitals or anesthesiologists may also be accountable. Medical malpractice claims are generally filed in state courts, however, under certain circumstances they may be transferred to federal courts.