Common Causes of Malpractice Litigation

Malpractice litigation involves a complex process. The question of whether or not an error constitutes malpractice depends on whether the patient is able to establish four legal elements that include a professional obligation breach of this duty; injury resulted from the breach and the possibility of quantifiable damages.

Plaintiffs must also demonstrate these elements with evidence like expert testimony, depositions, and discovery.

Misdiagnosis and Failure to Diagnose

Failure to diagnose an injury or illness in a timely manner can lead to serious complications, or death. The misdiagnosis of a patient is a frequent reason for medical negligence. To prove negligence, the patient or their attorney must demonstrate that a competent doctor under similar circumstances and working in the same specialty would not have missed the diagnosis.

There are many misdiagnosis that could be considered malpractice, however. Even highly trained and experienced doctors make mistakes. Therefore, a claim of malpractice must be supported by other factors such as breach, proximate cause and actual injury. If a doctor fails sterilize his equipment prior the time he administers anesthesia and the patient gets infected because of this, the doctor might be held accountable.

The majority of lawsuits involving malpractice are filed in state trial courts, where the alleged error occurred. Federal courts can, however, have jurisdiction in certain instances. A claim can be brought before a federal court in certain circumstances. For instance, it may involve the issue of the statute of limitations or when the parties are of different nationalities. Some claims are settled by binding arbitration. This is a less formal procedure that involves professional decision makers. It is designed to reduce expenses, speed up the legal process, and reduce the risks associated with large juries. Arbitration is not available in all cases of misconduct.

Dosage of a drug that is incorrect

Medication errors, also known as medication mistakes, are one of the most common causes of medical malpractice lawsuits. These errors can be caused by a physician who writes a prescription in the wrong format or giving the patient the incorrect dosage. These errors are typically preventable. Based on the circumstances, a hospital or its staff, a pharmacist or other health care provider may be held liable for the injuries suffered by a patient who was given the wrong dosage of medication.

A doctor might prescribe the wrong medication because of a misdiagnosis, or simply making a mistake in the prescription. A health care provider may also prescribe the wrong dosage because of an inability to communicate for instance, when a nurse reads a doctor's handwritten script incorrectly or the pharmacist commits an error in filling the prescription. In other instances the doctor might delay giving the correct medication, which could cause the patient's illness to getting worse.

A person who suffers from a medical malpractice claim must prove, in order to win a malpractice lawsuit, that the medical professional violated their standard of practice and that their injuries were directly attributed to the negligence. This requires testimony from a medical expert. Medical malpractice cases also must prove the severity and severity of the victim's injuries. This includes the cost of treatment as well as any lost wage. The more the loss, the higher the value of the claim.

Incorrect Procedure

This type of incident is not unusual. It may seem like a challenge for medical professionals to perform the wrong procedure on patients, however, it is a reality. A surgeon who makes the mistake could be held accountable for negligence. However patients who are injured by a surgical mistake can also be held accountable for any negligence that occurred on the way to the procedure.

Any health professional who is accused of malpractice law firm must show that the patient was harmed by a specific act or failure to act. To establish this, the legal team of the patient must demonstrate: (1) that the doctor was legally obligated to provide treatment or care to the patient; (2) that he violated his duty; (3) that a causal connection exists between the breach and the injury; and (4) the injury causes damages that the legal system can address.

A breach of the duty of care is not relevant unless it causes injury which is why medical malpractice lawsuits are generally founded on a legal principle known as "res ipsa loquitur." This law says that, in a majority of cases certain injuries are obvious and evident that they can only be explained through negligent acts.

Depending on the circumstances of the situation, the plaintiff (the patient or their legally appointed representative) or their attorney may file the claim in federal or state court. The majority of malpractice cases are filed with state courts, but in certain circumstances a medical negligence case can be brought to federal district court.

Wrong Surgery

Wrong-site surgery is a rare error, but it may be considered medical malpractice when the procedure is performed on the wrong side of the body. This type of error usually occurs as the result of miscommunication between members of a surgical team or production pressure that leads to an individual surgeon being assigned multiple surgeries at the same time. In these situations, the surgeon is not the only one with responsibility for a surgery that was performed on the wrong site since there is the legal principle known as "res ipsa loquitur" which means that the result of the error speaks for itself and cannot be attributed to negligence.

When a patient is injured during surgery that is performed on the wrong site and is injured, they may require additional procedures to repair issues that were caused by the surgical error. This can result in high medical expenses for patients as well as their families. It is essential to keep these costs in mind when calculating the financial impact of medical malpractice lawsuits.

The majority of times surgeons are accountable for surgical mistakes. They are accountable in preparing the patient for the procedure, examining the medical records and charts of the patient, coordinating with the rest of the medical personnel, and ensuring that the incision was placed at the right place. In certain instances, a hospital or anesthesiologist could also be held accountable. Medical malpractice cases are typically filed in state courts. However, in certain situations they may be transferred to federal courts.