Common Causes of Malpractice Litigation

Malpractice litigation is a complicated procedure. The question of whether or not the error constitutes malpractice depends on whether the patient is able to prove four legal elements: a professional duty and breach of this duty; harm resulted from the breach and tangible damages.

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

Misdiagnosis and Failure to Diagnose

Inability to recognize an illness or injury accurately can result in serious complications, malpractice lawyers or death. Incorrect diagnosis is a common reason for medical malpractice. To prove negligence, a patient or their lawyer must prove that a qualified doctor in similar circumstances would not have misdiagnosed a problem.

A misdiagnosis is not always malpractice. Even highly-trained and experienced doctors can make errors. Therefore, a claim of malpractice has to be backed by other factors, such as breach, proximate cause or actual injury. If a doctor fails sterilize his equipment prior to administering anesthesia and the patient develops an infection due to this, the doctor may be guilty.

In most instances, lawsuits claiming Malpractice Lawyers will be filed in the state trial court where the alleged error occurred. Federal courts can, however, have jurisdiction in certain situations. A case can be brought before a federal court in specific circumstances. For example it could involve the issue of a statute of limitation or when the parties are of different nationalities. Certain claims are settled through arbitration that is binding and voluntary. This is a less formal procedure that involves professionals who make the decisions. It is designed to reduce costs, expedite legal proceedings and remove the risk of overly generous juries. Arbitration is not available in all cases of malpractice.

Dosage for a drug that is not correct

Medication errors, also referred to as medication mistakes, are one of the main causes of medical malpractice lawsuits. They can be the result of a doctor prescribing the wrong medication or administering the wrong dosage to the patient. These errors are usually avoidable. In certain circumstances, a hospital staff member, a pharmacist or other health care professionals could be held accountable for the harms suffered by a patient who was prescribed the wrong drug dosage.

A doctor could prescribe the wrong medication to a patient because of an inaccurate diagnosis or simply by misreading the prescription. A health professional may also administer the wrong dosage because of an issue with communication for instance, when a nurse reads the doctor's handwritten script in error or the pharmacist makes a mistake in filling the prescription. In other situations the doctor may delay the administration of the correct medication to the patient, which could result in the patient's condition getting worse.

To prevail in an action for malpractice, a victim must demonstrate that the medical professional violated their duty of care and that negligence directly caused the injuries. This requires medical experts to provide evidence. Medical malpractice cases also must establish the extent and severity of the victim's injuries. This includes the cost of treatment as well as any lost wages. The more the loss the greater the value of the claim.

Incorrect Procedure

It might seem absurd that medical professionals would perform the incorrect procedure on a patient, however, this type of event can occur. The surgeon who commits this kind of error could be held to be liable for malpractice. A patient who is injured as a result of an error during surgery may be held responsible for any error that occurred during the procedure.

A health professional accused of negligence must prove that a patient was injured by an action or inability to take action. To prove this the legal team representing the patient must demonstrate that: (1) the doctor was under an obligation to provide care or treatment; (2) that the doctor breached the duty of care; (3) that there is a direct causal connection between the breach and the injury and (4) that the injury results in damages that the legal system can address.

A breach of the duty of care is not relevant unless it causes injury, that's why medical malpractice claims are usually built on a legal concept known as "res ipsa loquitur." This law says that, in many instances certain injuries are so obvious and unmistakable that they can only be explained by negligent actions.

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

Wrong Surgery

The wrong-site surgery is a common error, but it could be considered medical malpractice if the procedure is performed on the wrong area of the body. This type of mistake is usually caused by miscommunications between the surgical team, or by production pressures that lead to the surgeon performing multiple surgeries at once. In these situations, the surgeon is not solely responsible for his or her liability for a wrong-site surgery since there is an underlying legal principle referred to as "res ipsa loquitur" which means that the outcome of the error is evident and cannot be traced to negligence.

If someone is injured during an incorrect procedure it is possible that the patient will require additional procedures in order to correct issues that were caused by the mistake. This results in costly medical expenses for patients as well as their families. It is important to consider these costs when calculating the financial costs of medical malpractice lawyer claims.

Surgeons are typically held accountable for surgical errors since they are the ones who are accountable for making preparations for the operation and double-checking the patient's medical chart and medical records, coordinating effectively with the other members of the medical team and making sure the incision is located at the correct location. In certain instances an anesthesiologist or malpractice lawyers hospital may also be held responsible. Medical malpractice lawsuits are usually filed in state courts. However, under certain circumstances they may be transferred to federal court.