Common Causes of Malpractice Litigation

Malpractice litigation is a complicated process. The question of whether or not an error is Malpractice Lawyer based on whether the patient can establish four legal elements that include a professional obligation and breach of this duty; harm caused by the breach and damages that can be quantifiable.

Plaintiffs must prove these elements through evidence like expert testimony, depositions and discovery.

The wrong diagnosis or the inability to diagnose

The failure of a physician to diagnose an illness or injury can lead to grave complications, or even death. Many medical malpractice cases result from incorrect diagnosis. To prove negligence, the patient or malpractice lawyer their attorney must prove that a competent physician under similar circumstances and in the same area would not have misdiagnosed the condition.

It is not always a case of malpractice, however. Even highly skilled and experienced doctors make mistakes, and the claim of malpractice must be backed by other elements like breach, proximate causation, and actual injury. For instance when a doctor does not take the time to sterilize their equipment prior to administering anesthesia to a patient and they develop an infection due to the infection, the doctor could be liable for malpractice.

In most instances, lawsuits claiming malpractice will be filed in the state trial court in which the alleged error occurred. Federal courts can, however, have jurisdiction in certain situations. A claim can be brought before a federal court in specific circumstances. For instance, it may involve the issue of a statute of limitation or in the event that the parties have different citizenships. Alternatively, some claims are resolved through binding arbitration that is voluntary. This is a non-formal procedure which involves professionals who make the decisions. It is designed to minimize costs, expedite the legal process, and reduce the risk of overly generous juries. Arbitration is not accessible in all cases of misconduct.

Dosage of a drug that is incorrect

Medication errors, also known as medication mistakes, are one of the leading causes of medical malpractice lawsuits. They can result from a doctor writing a prescription that is not correct or administering the wrong dosage to patients. These errors are generally preventable. Based on the circumstances, a pharmacy, a hospital or other health care provider could be held responsible for the harm caused by a patient who received the wrong dose of a drug.

A doctor could prescribe the wrong medication to a patient as a result of an incorrect diagnosis or simply by misreading the prescription. A health professional may also administer the wrong dosage due to an issue with communication for example, when nurses read the doctor's handwritten script in error or the pharmacist is mistaken in filling the prescription. In other cases, a physician might delay in administering the correct medication to the patient, which could result in the patient's condition getting worse.

To win a malpractice case, a victim must prove that the medical professional did not meet their standard of care and that their negligence directly led to their injuries. This requires medical experts to be present. Additionally, a medical malpractice case must demonstrate the extent of the injuries suffered by a victim and the damages they suffered because of the negligence. This includes the cost of treatment as well as any wage loss. The more the loss, the higher the value of the claim.

Incorrect Procedure

This kind of situation is not unusual. It may seem impossible for medical professionals to carry out the incorrect procedure on patients but it's true. The surgeon who makes this error could be held accountable for negligence. However the patient who is injured due to a surgical error could also be held accountable for any negligence that occurred along the way to the procedure.

A medical professional accused of malpractice has to prove that the patient was injured as a result of an act or inability to perform the act. To prove this, the legal team of the patient must demonstrate: (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 breach and the injury and (4) the injury causes damages that the legal system can deal with.

A breach of the duty of care has no significance unless it causes injury which is the reason medical malpractice claims are usually built on a legal concept known as "res ipsa loquitur." This law states that, in the majority of cases, certain injuries are so obvious and recognizable that they are only explained by negligence.

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

Wrong Surgery

The wrong-site procedure is rare but it can be considered medical malpractice if the procedure is performed in the wrong location of your body. This type of error is usually the result of miscommunications between members of the surgical team, or by production pressures that result in the surgeon performing several surgeries to perform at the same time. In these instances the surgeon is not solely responsible for an incorrect-site operation because of the legal principle known as "res ipsa locquitur" which says that the result is a matter of fact and cannot be blamed on negligence.

If someone is injured during a wrong-site procedure and is injured, they may require additional procedures to fix issues that were caused due to the error. This can result in high medical expenses for the patient and their families. It is important to consider these costs when calculating the financial burden of medical malpractice claims.

The majority of times, surgeons are held responsible for surgical errors. They are accountable in preparing the patient for surgery, reviewing the medical record and chart of the patient, coordinating with the rest of the medical staff, and ensuring that the incision was placed in the correct place. However, in some instances a hospital or anesthesiologist may also be liable. Medical malpractice claims are generally filed in state courts, however, under certain circumstances they may be transferred to federal courts.