Common Causes of Malpractice Litigation

The legal process for defending malpractice is a complex process. If an error is malpractice based on whether the patient can establish four legal elements: a professional duty; breach of this duty; injury resulted from the breach and damages that can be quantifiable.

Plaintiffs must be able to prove the elements using evidence such as expert testimony and depositions.

Undiagnosed or Incorrectly Diagnosed

Failure to correctly diagnose an injury or illness accurately can result in serious complications, or even death. Many medical malpractice cases involve mistaken diagnosis. To prove negligence, a person or their lawyer must demonstrate that a seasoned doctor in similar circumstances would not have misdiagnosed the condition.

There are many misdiagnosis that could be considered an error, but. Even highly experienced and trained doctors are not immune to mistakes. Therefore, any claim of malpractice has to be supported with other elements such as breach, proximate cause and actual injury. If a doctor fails to sterilize his equipment prior to giving anesthesia and the patient gets infected due to this, he could be found to be negligent.

In most instances, lawsuits claiming Malpractice lawyer will be filed in the state trial court in which the alleged misconduct occurred. Federal courts can be able to hear cases in certain instances. A claim may be filed before a federal court under certain circumstances. For example, it may involve the issue of a statute of limitation or in the event that the parties have different nationalities. Alternatively, some claims are resolved through binding arbitration that is voluntary. This is a less formal procedure involving professional decision makers that is designed to reduce costs, expedite legal proceedings and reduce the possibility of excessively generous juries. Arbitration is not available in all instances of malpractice.

Wrong Drug Dosage

Medication errors--also called medication mistakes--are one of the main causes of medical malpractice lawsuits. These errors could be caused by a doctor who has submitted a prescription in a wrong format or giving the patient the wrong dosage. These errors are usually avoidable. Depending on the circumstances, a hospital or its staff, pharmacist or other health care providers could be held accountable for the injuries suffered by a patient who was given the wrong dose of medication.

A doctor could prescribe the wrong medication because of a misdiagnosis or simply failing to read the prescription. A health care provider can also prescribe the wrong dosage due to a failure in communication. For instance nurses may take a doctor's prescription and read it incorrectly or a pharmacist may make an error when filling the prescription. In other cases the doctor could delay delivering the correct medication, which can lead to the patient's condition getting worse.

In order to be successful in a malpractice case, a victim must show that the medical professional acted in breach of their duty of care and that negligence directly caused their injuries. This requires medical experts to be present. Moreover, a medical malpractice case must demonstrate the extent of the injuries suffered by a victim and the damages they sustained because of the negligence. This includes the cost of treatment and any wage loss. The greater the loss of the claim, the greater the value of the claim.

Wrong Procedure

This type of incident is not unusual. It might seem unattainable for medical professionals to carry out the wrong procedure on patients however, it is a reality. A surgeon who commits this error may be held accountable for negligence. A patient who is injured because of an error during surgery can be held responsible for any mistakes that were made during the procedure.

A medical professional accused of malpractice must demonstrate that the patient was injured due to an action or failure to take action. To prove this the legal team of the patient must demonstrate that: (1) the doctor had 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 causes damages that the legal system is able to resolve.

A breach of the duty of care has no significance unless it causes injury which is why medical malpractice attorney claims are usually based on a legal doctrine called "res ipsa loquitur." This law states that, in a majority of cases certain injuries are evident and obvious that they can only be explained through negligent actions.

Based on the facts depending on the facts, the plaintiff (the person who filed the claim or their legal representative) or their lawyer could decide to file a lawsuit in state or federal court. The majority of malpractice attorney cases are filed in state court, but in certain situations medical malpractice lawsuits could be filed in federal district court.

Wrong Surgery

The wrong-site procedure is rare however, it could be a case of medical malpractice if the procedure is performed in the wrong location of your body. This type of error is usually caused by a lack of communication between the surgical team, or production pressures that lead to surgeons having multiple surgeries scheduled at the same time. In these situations the surgeon isn't alone in his or her responsibility for an incorrect-site procedure because there is an underlying legal principle referred to as "res ipsa loquitur" which means that the effect of the error is evident and cannot be attributed to negligence.

If the patient is injured during an operation that was performed on the wrong site, he or her may require additional procedures to fix problems that were made worse due to the error. Patients and their families are left with expensive medical bills. It is essential to keep these costs in mind when calculating the financial impact of medical malpractice claims.

Surgeons are often accountable for surgical errors as they are the ones who are responsible for properly making preparations for the operation, double-checking the patient's chart and medical records, communicating effectively with the other members of the medical team, and making sure the incision is made on the correct site. In some cases the hospital or anesthesiologist may also be held responsible. Medical malpractice claims are generally filed in state court but may be transferred in certain circumstances to federal court.