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Common Causes of Malpractice Litigation

malpractice law firm litigation involves a complex process. The question of whether or not an error malpractice is malpractice based on whether the patient is able to prove four legal elements such as a professional duty breach of this duty; injury due to the breach and the possibility of quantifiable damages.

Plaintiffs must demonstrate these elements with evidence such as expert testimony, depositions, or discovery.

The wrong diagnosis and the inability to recognize

The failure of a physician to diagnose an illness or injury could result in serious complications or even death. It is a typical reason for medical malpractice. To prove negligence, the patient or their attorney must prove that a competent doctor under similar circumstances and in the same specialty would not have missed the diagnosis.

Misdiagnosis doesn't always mean negligence. Even highly-trained and experienced doctors can make errors. Therefore, any claim of malpractice has to be supported with other elements, such as breach, proximate causes and actual injury. For instance the case where a physician fails to properly sterilize their equipment before administering anesthesia, and the patient develops an infection as a result the doctor could be liable for malpractice.

In most instances, lawsuits claiming that there was a mistake will be filed in the state trial court where the alleged misconduct occurred. Federal courts may be able to handle the case in certain situations. For instance, a claim may be brought in federal court if there is a dispute over a statute of limitations or if there is a substantial variety of citizenship among those involved in the dispute. Certain disputes are settled via binding arbitration. This is a less-formal process that is governed by professional decision makers. It is designed to lower costs, speed up legal proceedings, and eliminate the risk associated with overly large juries. Arbitration is not always available in cases of misconduct.

Dosage for a drug that is not correct

Medication errors, also known as medication mistakes are among the leading causes of medical malpractice suits. They can result from a doctor prescribing the wrong medication or giving the wrong dosage to the patient. These mistakes are often avoidable. Depending on the circumstances, a hospital or its staff, pharmacist or other health care provider could be held responsible for the harms suffered by a patient who was given the wrong dosage of medication.

A doctor could prescribe incorrect medication to a patient as a result 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 might take a doctor's prescription and read it incorrectly or a pharmacist may make an error when filling the prescription. In other instances the doctor might delay delivering the correct medication, which can lead to the patient's condition worsening.

A plaintiff must prove for the sake of winning a malpractice lawsuit, that the medical professional breached their standard of practice and that their injuries were directly caused by the negligence. This requires medical expert testimony. Medical malpractice cases also must prove the extent and damage of the victim's injuries. This includes the cost of treatment for the victim as well as any lost wages. Generally, the greater a loss is, the more valuable the claim will be.

Unskillful Procedure

It's not likely that medical professionals would perform the incorrect procedure on a patient, however, this kind of thing is quite common. The surgeon who commits this mistake could be held accountable for malpractice. However those who are injured by a surgical mistake may also be held liable for any negligence that occurred along the way to the procedure.

Any health professional who is alleged to be negligent must prove that the patient was injured due to a specific act or omission to act. To establish this the legal team representing the patient must prove that: (1) the doctor was in an obligation to provide treatment or treatment; (2) that the doctor violated that duty; (3) that there is a direct causal link between the breach and the injury and (4) that the injury results in damages that the legal system can resolve.

A breach of the duty of care is not relevant unless it causes injury, that's why medical malpractice claims are typically made based on a law known as "res ipsa loquitur." This law states that, in the majority of cases certain injuries are so evident and obvious that they can only be explained through negligent acts.

Depending on the facts of the situation, the plaintiff (the patient or their legally appointed representative) or their attorney could bring the case in state or federal court. The majority of malpractice cases are filed in state courts, but in certain circumstances the medical negligence lawsuit could be filed with a federal district court.

Wrong Surgery

Wrong-site surgery is a rare error, but it can be considered medical malpractice when the procedure is carried out on the wrong portion of the body. This type of error is usually caused by a lack of communication between the surgical team, or pressures in the production process that result in the surgeon performing multiple surgeries scheduled at the same time. In these instances the surgeon is not solely accountable for a mistaken-site procedure because of a legal principle known as "res ipsa locquitur" which states that the outcome is a matter of fact and cannot be blamed on negligence.

If someone is injured during an incorrect procedure and is injured, they may require additional procedures to rectify problems that were aggravated by the mistake. Patients and their families are left with costly medical bills. These costs should be considered when calculating the financial consequences of medical malpractice claims.

Surgeons are most often found to be responsible for surgical mistakes since they are the ones who are responsible for making preparations for the operation by double-checking patient's chart and medical records, coordinating effectively with the other members of the medical team, and making sure that the incision is done at the correct place. In some instances, an anesthesiologist or a hospital could also be liable. Medical malpractice claims are generally filed in state courts, however, in certain situations they may be transferred to federal court.