Common Causes of Malpractice Litigation

Malpractice litigation is a tense process. The question of whether or not an error constitutes malpractice depends on whether the patient can establish four legal elements which include professional duty breach of this duty; harm resulted from the breach and the possibility of quantifiable damages.

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

Undiagnosed or Incorrectly Diagnosed

A physician's inability to accurately diagnose a disease or injury can result in grave complications, or even death. A lot of medical Malpractice Lawyer cases involve incorrect diagnosis. To prove negligence, a patient or their lawyer must show that a seasoned doctor in similar circumstances would not have misdiagnosed a problem.

Not every misdiagnosis is an error, but. Even highly skilled and experienced doctors make mistakes, so the claim of malpractice must be backed by other elements such as breach, proximate causation, and actual injury. If a physician fails to sterilize his equipment prior the time he administers anesthesia and the patient gets infected as a result of this, the doctor may be guilty.

In most cases, lawsuits alleging malpractice will be filed in the state trial court in which the malpractice was alleged to have occurred. Federal courts could, however, have jurisdiction in certain circumstances. For example, a claim may be brought in federal court in the event of a dispute over the time limit for filing a claim or when there is a substantial diversity of citizenship of those involved in the dispute. Some claims are settled by arbitral arbitration, which is a binding process. This is a less-formal process that involves professional decision makers. It is designed to minimize expenses, speed up the legal process, and remove the risks associated with generous juries. However, arbitration isn't accessible for all malpractice claims.

Wrong Drug Dosage

Medication errors, also referred to as medication errors, are one of the leading causes of medical malpractice suits. These errors are caused by a physician submitting prescriptions in a wrong format or giving the patient the wrong dosage. These errors are typically preventable. Based on the circumstances the situation, a pharmacist, a hospital or other health care providers could be held accountable for Malpractice Lawyer injuries caused by a patient who was given the wrong dosage of a drug.

A doctor could prescribe incorrect medication to a patient because of an incorrect diagnosis or simply because he/she misreads the prescription. A health professional may also prescribe the wrong dosage due to an issue with communication for instance, when nurses read a doctor's handwritten script incorrectly or the pharmacist makes a mistake in filling out the prescription. In other situations doctors may delay the proper medication to the patient, which could result in the patient's condition getting worse.

A plaintiff must prove for the sake of winning a malpractice lawsuit that the medical professional breached their professional standards and that their injuries were directly caused by the negligence. This requires medical experts to be present. A medical malpractice case also must prove the severity and damages of the victim's injuries. This includes the cost of treatment as well as any lost wages. The more the loss is, the more valuable of the claim.

Incorrect Procedure

It's not likely that medical professionals could perform the wrong procedure on a patient however, this kind of thing can occur. A surgeon who commits this mistake can be held accountable for malpractice attorneys. A patient who is injured due to an error in surgery could be held responsible for any mistakes that were made during the procedure.

Any health professional who is accused of malpractice must show that the patient was hurt due to a specific act or omission to act. To establish this the legal team of the patient must prove: (1) that the doctor was required to treat or provide care to the patient; (2) that he failed to fulfill his obligation; (3) that a causal link exists between the breach and the injury; and (4) the injury results in damages the legal system can deal with.

A breach of duty of care is no meaning unless it result in injury. This is why medical malpractice cases are often built on the legal principle "res ipsa locquitur," which says that certain injuries are so obvious that they can be explained only through negligence.

Based on the facts of the situation, the plaintiff (the patient or their legally designated representative) or their attorney can file the claim in state or federal court. The majority of malpractice cases are filed in state courts, however in certain situations the case of medical negligence can be filed in federal district court.

Wrong Surgery

The wrong-site surgery is rare however, it could be a case of medical malpractice in the event that the procedure is carried out in the wrong area of your body. This type of error is usually caused by a lack of communication between the surgical team, or by pressures in the production process that result in the surgeon performing several surgeries to perform at the same time. In these instances the surgeon isn't solely responsible for a wrong-site procedure because of the legal principle of "res ipsa locquitur", which states that the outcome is a matter of fact and cannot be attributed to negligence.

If an individual is injured in a wrong-site procedure and is injured, they may need additional procedures to correct problems that were aggravated by the error. This results in costly medical expenses for patients as well as their families. This expense should be taken into consideration when calculating the financial impact of medical malpractice claims.

Surgeons are often found to be responsible for surgical mistakes because they are the individuals who are accountable for making preparations for the operation by double-checking patient's chart and medical records, coordinating effectively with the other members of the medical team and making sure that the incision has been done at the correct place. In some instances, hospitals or anesthesiologists may also be accountable. Medical malpractice cases are typically filed in state courts, however, under certain circumstances, they can be transferred to federal court.