Common Causes of Malpractice Litigation

Malpractice litigation is a complicated procedure. Whether or not an error is malpractice based on whether the patient can prove four legal elements: a professional duty breach of this duty; harm caused by the breach and quantifiable damages.

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

Incorrect diagnosis and failure to diagnose

Failure to diagnose an illness or injury accurately can result in serious complications, or death. Many medical malpractice cases result from mistakes in diagnosis. To establish negligence, a patient or their lawyer must prove that a skilled doctor in similar circumstances would not have misdiagnosed the condition.

Not every misdiagnosis is malpractice, however. Even experienced and highly trained doctors can make errors. Therefore, a claim of malpractice must be backed up by other elements, such as breach, proximate cause or actual injury. For instance, if a physician fails to properly sterilize their equipment prior to giving anesthesia and the patient suffers an infection as a result, the doctor could be found to be negligent.

In the majority of cases, lawsuits that allege malpractice will be filed in the state trial court where the alleged error occurred. However, federal courts could be able to handle cases in certain circumstances. A case may be brought before a federal court under certain circumstances. For Malpractice lawyers instance it could involve an issue regarding the statute of limitations or if the parties are of different citizenships. Certain disputes are settled via arbitral arbitration, which is a binding process. This is a less formal procedure which involves professional decision makers and is intended to cut costs, expedite legal proceedings and reduce the risk of overly generous juries. However, arbitration is not accessible for all Malpractice lawyers claims.

Dosage for a drug that is not correct

Medication errors, also referred to as medication mistakes, are one of the most common causes of medical malpractice lawsuits. They can be the result of a doctor prescribing the wrong medication or delivering the wrong dose to a patient. These errors are usually avoidable. Depending on the circumstances, a hospital or its staff, a pharmacist or malpractice Lawyers other health professionals could be held responsible for the injuries of patients who were given the wrong dosage of medication.

A doctor could prescribe wrong medication to a patient as a result of an incorrect diagnosis or simply due to a misreading of the prescription. A health care provider may also prescribe the wrong dosage because of an interruption in communication for instance, when the nurse reads the doctor's handwritten script in error or the pharmacist makes an error in filling out the prescription. In other situations doctors may delay in administering the correct medication to the patient, which could result in their condition becoming worse.

A victim must prove, in order to prevail on a malpractice claim that the medical professional violated their standards of practice and that their injuries were directly caused by the negligence. This requires medical experts to testify. A medical malpractice case also must prove the extent and the damages caused by the victim's injuries. This includes the cost of treatment and any lost wages. Generally, the greater a loss is, the more valuable the claim will be.

Incorrect Procedure

This type of incident is not uncommon. It might seem unattainable for medical professionals to carry out the wrong procedure on patients, however, it is a reality. The surgeon who makes this mistake could be held liable for malpractice. A patient who suffers injury because of a surgical error may be held accountable for any mistakes that were made during the procedure.

A health professional accused of negligence must prove that a patient was injured by the specific act or inability to act. To prove this, the legal team of the patient must prove: (1) that the doctor had a responsibility to provide treatment or care to the patient; (2) that he did not fulfill that 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 meaningless unless it causes injury, which is the reason medical malpractice lawsuits are generally based on a legal doctrine called "res ipsa loquitur." This law states that, in a lot of instances certain injuries are obvious and unmistakable that they can only be explained through negligent actions.

Based on the facts of the situation, the plaintiff (the patient or their legally appointed representative) or their attorney may make the claim in a state or federal court. The majority of malpractice cases are filed in state court. However, under limited circumstances medical malpractice lawsuits can be brought in federal district court.

Wrong Surgery

Surgery performed on the wrong site is a very rare error, but it may be considered medical malpractice when the procedure is carried out on the wrong portion of the body. This type of error is often caused by miscommunications between members of the surgical team, or due to production pressures that result in surgeons being assigned several surgeries to perform at the same time. In these cases the surgeon is not solely responsible for a wrong-site operation due to a legal rule known as "res ipsa locquitur", which states that the result speaks for itself and cannot be attributed to negligence.

If an individual is injured in a wrong-site procedure the patient may require additional procedures in order to correct issues that were caused due to the error. Patients and their families are left with high medical bills. These expenses should be taken into consideration when calculating the financial impact of medical malpractice lawsuits.

The majority of times surgeons are liable for surgical errors. They are accountable to prepare the patient for surgery, reviewing the medical records and chart of the patient, communicating with the medical team, and ensuring that the incision was placed at the right place. In certain instances hospitals or anesthesiologists may also be held responsible. Medical malpractice claims are generally filed in state courts, but may be transferred in certain circumstances to federal court.