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Common Causes of Malpractice Litigation

Malpractice litigation is a complicated process. The question of whether or not the error constitutes malpractice depends on the ability of the patient to prove four legal elements which include professional duty breach of this duty; injury resulting from the breach; and tangible damages.

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

Incorrect diagnosis or failure to diagnose

Failure to identify an injury or illness accurately can cause serious complications, or death. The misdiagnosis of a patient is a frequent cause of medical malpractice. To prove negligence the patient or their attorney must prove that a competent doctor in similar circumstances and working in the same area would not have misdiagnosed the condition.

Every misdiagnosis can be considered to be an error, but. Even the most experienced and highly trained doctors make mistakes, therefore an allegation of malpractice needs to be backed by other elements like breach, proximate causation and actual injury. For example the case where a physician does not take the time to clean their equipment prior the time they administer anesthesia and the patient suffers an infection as a result, the doctor could be guilty of malpractice.

In the majority of instances, lawsuits claiming that there was a mistake will be filed in the state trial court in which the alleged misconduct occurred. Federal courts may be able to hear cases in certain circumstances. A claim may be filed before a federal court in specific circumstances. For instance it could involve disputes over the statute of limitations or when the parties have different citizenships. Additionally, some cases are settled through voluntary binding arbitration. This is a less formal process which involves professionals who make the decisions. It is designed to minimize expenses, speed up the legal proceedings, and eliminate the risk that comes with generous juries. Arbitration is not always available in cases of misconduct.

Dosage for a drug that is not correct

Medication errors--also called medication mistakes--are one of the main causes of medical Malpractice Lawyers lawsuits. They can involve a physician writing a prescription that is not correct or delivering the wrong dose to the patient. These errors are usually avoidable. According to the circumstances the pharmacy, hospital or other health care providers could be held accountable for the injuries caused by an individual who took the wrong dose of a medication.

A doctor may prescribe the incorrect medication to a patient because of an incorrect diagnosis or simply because he/she misreads the prescription. A health professional can also administer the incorrect dosage because of a glitch in communication. For example nurses may interpret a doctor's prescription incorrectly or a pharmacist might fail to fill the prescription. In other instances the doctor could delay the proper medication, which could cause the patient's illness to getting worse.

A plaintiff must prove in order to prevail on a malpractice lawsuit that the medical professional violated their standard of practice and that their injuries were directly attributed to the negligence. This requires medical expert testimony. Medical malpractice cases also must prove the severity and the damages caused by the victim's injuries. This includes the cost of treatment and any lost wage. The more the loss is, the more valuable of the claim.

The wrong procedure

It might seem absurd for medical professionals to perform the wrong procedure on a patient, however, this type of event can occur. A surgeon who commits this mistake can be held accountable for malpractice. However, a patient who is injured due to a surgical error could also be held responsible for any negligence that occurred along the way to the procedure.

Any health care professional who is accused of malpractice must prove that the patient was harmed through a specific act or failure to act. To establish this the legal team representing the patient must show that: (1) the doctor was in a duty to provide care or treatment; (2) that the doctor breached the duty of care; (3) that there is a direct causal connection between the breach and the injury; and (4) that the injury results in damages that the legal system could deal with.

A breach of duty of care is no meaning unless it results 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 they can be explained only by negligence.

Depending on the facts of the case, the plaintiff (the patient or their legally appointed representative) or their attorney could present the claim to state or federal court. The majority of malpractice cases are filed with state courts, however in certain circumstances the medical negligence lawsuit can be brought to federal district court.

Wrong Surgery

Surgery performed on the wrong site is a very rare error, but it can be considered medical negligence if the procedure is performed on the wrong side of the body. This kind of error is often caused by miscommunications between members of the surgical team, or by production pressures that result in surgeons having multiple surgeries scheduled at the same time. In these cases the surgeon isn't alone in his or her responsibility for a surgical error that is not performed correctly because there is the legal principle known as "res ipsa loquitur" which means that the result of the error is evident and cannot be traced to negligence.

If an individual is injured in an improper procedure and is injured, they may require additional procedures to fix problems that were exacerbated by the mistake. This can result in high medical expenses for patients and their families. These costs should be considered when calculating the financial impact of medical malpractice attorney lawsuits.

Surgeons are most often found to be responsible for surgical mistakes since they are the ones who are responsible for properly getting ready for the procedure, double-checking the patient's chart and medical records, coordinating effectively with other members of the medical team, and making sure that the incision has been placed at the right place. In some instances the hospital or anesthesiologist could also be held accountable. Medical malpractice lawsuits are usually filed in state courts, but in certain situations, they can be transferred to federal court.