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Common Causes of Malpractice Litigation

The legal process for defending malpractice is a complex process. If a person can prove four elements, it will decide whether or not the mistake is malpractice. These are professional obligation or breach of that duty; an injury resulting from this breach; and quantifiable damage.

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

The wrong diagnosis and the inability to recognize

The inability of a doctor to correctly diagnose an illness or injury can result in serious complications or even death. The misdiagnosis of a patient is a frequent reason for medical negligence. To prove negligence the patient or their attorney must demonstrate that a competent doctor in similar circumstances and in the same field would not have misdiagnosed the problem.

There are many misdiagnosis that could be considered an error, but. Even highly experienced and trained doctors can make mistakes. Therefore, a claim of malpractice has to be backed by other elements such as breach, proximate causes and actual injury. If a doctor does not sterilize his equipment before administering anesthesia and the patient becomes infected because of this, the doctor could be guilty.

The majority of lawsuits involving malpractice are filed in state trial courts, where the alleged error occurred. Federal courts could be able to hear cases in certain situations. A claim may be filed before federal court in certain circumstances. For instance, it may involve disputes over the statute of limitations or when the parties are of different nationalities. Certain claims are settled through arbitral arbitration, which is a binding process. This is a less formal process which involves professional decision makers and is intended to save costs, expedite legal proceedings, and eliminate the possibility of excessively generous juries. Arbitration is not always available in cases of misconduct.

The wrong dosage of medication

Medication errors are one of the main causes of medical malpractice lawsuits. These errors are caused by a doctor who has submitted a prescription in the wrong format, or giving the patient the incorrect dosage. These mistakes are often avoidable. Based on the circumstances, a pharmacy, a hospital or other health care provider could be held responsible for injuries caused by a patient who was given the wrong dose of a medication.

A doctor might prescribe the wrong medication because of a misdiagnosis or simply misreading the prescription. A health professional could also administer the wrong dosage due to an inability to communicate for instance, when the nurse reads the doctor's handwritten prescription incorrectly or the pharmacist makes a mistake in filling the prescription. In other cases the doctor may delay the administration of the correct medication, which could lead to the patient's condition getting worse.

To prevail in a malpractice law firm case, a victim must prove that the medical professional violated their standard of care, and that the negligence directly contributed to their injuries. This requires medical experts to testify. A medical malpractice claim also must prove the severity and damage of the victim's injuries. This includes the cost of treatment as well as any wages lost. The greater the loss the greater the value of the claim.

Wrong Procedure

It might seem absurd that medical professionals would carry out the incorrect procedure on a patient but this type of incident can occur. The surgeon who commits this error can be found responsible for malpractice attorney. However patients who are injured due to a surgical error can also be held accountable for any negligence that occurred along the path to the procedure.

Any health care professional who is accused of misconduct must prove that the patient was injured due to a specific act or inaction. To prove this the legal team representing the patient must prove that (1) the doctor was under an obligation to provide care or treatment; (2) that the doctor breached this duty; (3) that there is a direct causal link between the breach and the injury; and (4) that the injury causes damages that the legal system could be able to address.

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

Depending on the circumstances of the situation, the plaintiff (the patient or their legally designated representative) or their attorney may make the claim in a federal or state court. The majority of malpractice cases are filed in state court, however in certain circumstances medical malpractice lawsuits may be filed in federal district court.

Wrong Surgery

A wrong-site procedure is a rare mistake, but it could be considered medical malpractice when the procedure is performed on the wrong area of the body. This type of error is usually caused by a lack of communication between the surgical team, or pressures on production that result in surgeons being assigned multiple surgeries assigned at once. In these cases, a surgeon is not solely responsible for a misplaced procedure due to a legal rule known as "res ipsa locquitur", which states that the result is a matter of fact and cannot be attributed to negligence.

If a patient gets injured as a result of surgery done on the wrong location the patient may require additional procedures to correct problems caused due to the surgical error. Patients and their families are left with costly medical bills. This expense should be considered when calculating the financial impact of medical malpractice lawsuits.

The majority of times surgeons are accountable for surgical mistakes. They are responsible in preparing the patient prior to surgery, reviewing the medical record and chart of the patient, communicating with the medical staff, and ensuring that the incision was made in the proper location. However, in some cases hospitals or anesthesiologists may be held accountable. Medical malpractice lawsuits are typically filed in state courts, however, they can be transferred under certain circumstances to federal court.