Common Causes of Malpractice Litigation

Malpractice litigation is a complex procedure. If the error constitutes malpractice depends on whether the patient can prove four legal elements: a professional duty; breach of this duty; harm resulting from the breach; and the possibility of quantifiable damages.

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

The wrong diagnosis or the inability to diagnose

Failure to identify an injury or illness correctly could lead to serious complications, or even death. Many medical oakwood malpractice lawyer cases involve incorrect diagnosis. To prove negligence, the patient or their attorney must prove that a competent doctor in similar circumstances and working in the same field would not have misdiagnosed the condition.

Every misdiagnosis can be considered to be an error, but. Even experienced and Emmett Malpractice attorney highly trained doctors make mistakes. Therefore, ypsilanti Malpractice lawyer a claim of malpractice has to be backed up by other elements such as breach, proximate cause or actual injury. For instance the case where a physician fails to properly clean their equipment prior the time they administer anesthesia to a patient and they develop an infection in the process the doctor may be guilty of malpractice lawyer.

In the majority of cases, lawsuits alleging malpractice will be filed in the state trial court where the alleged error occurred. However, federal courts may have jurisdiction in certain situations. For example, a claim may be brought in federal court if there is a dispute over the statute of limitations or when there is a significant difference in citizenship among the parties involved in the case. In other cases, certain claims are resolved through binding arbitration that is voluntary. This is a less formal procedure involving professional decision makers that is intended to cut costs, speed up legal proceedings, and eliminate the possibility of excessively generous juries. However, arbitration is not accessible for all malpractice claims.

Wrong Drug Dosage

Medication errors--also called medication mistakes--are one of the main causes of medical malpractice lawsuits. These errors are caused by a doctor writing prescriptions in the wrong format or giving the patient the wrong dosage. These errors are generally preventable. In certain circumstances, a hospital or its staff, pharmacist or other health care professionals could be held responsible for the injuries sustained by a patient who was given the wrong drug dosage.

A doctor might prescribe the incorrect medication to a patient as a result of an incorrect diagnosis or simply because he/she misreads the prescription. A health professional could also prescribe the wrong dose due to an interruption in communication, such as when the nurse reads the doctor's handwritten script in error or the pharmacist is mistaken in filling out the prescription. In other cases the doctor might delay the proper medication, which could result in the patient's health getting worse.

To win a malpractice case, the victim must prove that the medical professional violated their standard of care, and that negligence directly caused the injuries. This requires testimony from a medical expert. A medical malpractice claim also must prove the severity and the damages caused by the victim's injuries. This includes the cost of treatment for the victim as well as any lost wages. The more loss you suffer of the claim, the greater the value of the claim.

Unskillful Procedure

This kind of situation is not uncommon. It might seem impossible for medical professionals to carry out the incorrect procedure on patients, but it does happen. A surgeon who commits this mistake can be held accountable for negligence. A patient who suffers injury because of an error during surgery can be held liable for any error that occurred during the procedure.

Any health care professional who is accused of negligence must prove that the patient was harmed due to a specific act or inaction. To establish this the legal team representing the patient must prove that: (1) the doctor was bound by an obligation to provide care or treatment; (2) that the doctor did not fulfill this duty; (3) that there is a direct causal relationship between the breach and the injury and (4) that the injury results in damages that the legal system can be able to address.

A breach of the duty of care is insignificant unless it causes injury, which is the reason medical Littlefield malpractice law firm claims are typically based on a legal doctrine called "res ipsa loquitur." This law states that, in a majority of cases certain injuries are so obvious and recognizable that they can only be explained through negligent acts.

Based on the facts of the case, the plaintiff (the patient or their legally appointed representative) or their attorney can present the claim to federal or state court. Most malpractice cases are filed in state court. However, in certain circumstances the medical malpractice lawsuit could be filed in federal district court.

Wrong Surgery

The wrong-site surgery is a common error, but it could be considered medical malpractice when the procedure is performed on the wrong part of the body. This type of error is usually caused by a lack of communication between the members of a surgical team, or production pressure that results in the surgeon being tasked with multiple surgeries at one time. In these cases, the surgeon is not the only one with responsibility for a surgery that was performed on the wrong site due to 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 improper procedure and is injured, they may require additional procedures to rectify issues that were caused due to the error. Patients and their families are left with expensive medical bills. These expenses should be taken into consideration when calculating the financial consequences of medical malpractice claims.

Surgeons are usually held liable for surgical errors as they are the ones who are responsible for properly prepping for the operation, double-checking the 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. However, in some instances hospitals or anesthesiologists may be held accountable. Medical malpractice claims are generally filed in state courts, but may be transferred in certain circumstances to federal court.