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Common Causes of Malpractice Litigation

Malpractice litigation can be a difficult procedure. If a patient can demonstrate four elements, it will be able to determine whether or not the mistake is malpractice. These are the following: a professional obligation in breach of this obligation; an injury that results from this breach; and quantifiable damage.

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

Incorrect diagnosis or failure to diagnose

A physician's inability to accurately diagnose a disease or injury can lead to grave complications, or even death. Many medical malpractice cases result from misdiagnosis. To prove negligence, the patient or their attorney must prove that a competent doctor under similar circumstances and working in the same field would not have misdiagnosed the condition.

Every misdiagnosis can be considered to be malpractice attorneys, however. Even highly trained and experienced doctors make mistakes, and an allegation of malpractice attorney needs to be backed by other elements like breach, proximate cause and actual injury. For instance the case where a physician does not properly sterilize their equipment prior to administering anesthesia to a patient and they develop an infection because of it the doctor may be liable for malpractice.

In most cases, lawsuits that allege malpractice will be filed in the state trial court where the alleged misconduct occurred. However, federal courts may be able to handle cases in certain circumstances. For example, a claim may be brought in federal court if there is a dispute over the time limit for Malpractice Litigation filing a claim or if there is a substantial diversity of citizenship of the parties in the case. Certain disputes are settled through arbitral arbitration, which is a binding process. This is a less formal process involving professional decision makers that is intended to save costs, expedite legal proceedings and remove the risk of overly generous juries. Arbitration is not available in all cases of malpractice.

Dosage of a drug that is incorrect

Medication errors, often referred to as medication errors are among the leading causes of medical malpractice lawsuits. These errors can be caused by a doctor writing a prescription in the wrong format or giving the patient the incorrect dosage. These mistakes are usually preventable. Depending on the circumstances, a hospital or its staff, pharmacist or other health professionals could be held responsible for the harms suffered by the patient who received the wrong dosage of medication.

A doctor could prescribe the wrong medication because of a misdiagnosis or by simply failing to read the prescription. A health professional can also administer the incorrect dosage due to a failure in communication. For example the nurse might not read a doctor's prescription correctly or a pharmacist may make an error when filling the prescription. In other situations the doctor may delay administering the correct medication to the patient, which could result in their condition becoming worse.

In order to be successful in a malpractice attorneys case, the victim must establish that the medical professional breached their standard of care and that their negligence directly led to their injuries. This requires medical experts to testify. A medical malpractice claim also must prove the severity and the damages caused by the victim's injuries. This includes the cost of treatment and any lost wage. Generally, the greater a loss is then, the more valuable the claim will be.

Unskillful Procedure

It might seem absurd that medical professionals would carry out the incorrect procedure on a patient, however, this type of event is quite common. A surgeon who makes this mistake could be held accountable for negligence. However those who are injured due to a surgical error may also be held liable for any negligence that occurred during the process.

Any health care professional who is accused of negligence must prove that the patient was harmed due to a specific act or omission to act. To prove this, the legal team representing the patient has to prove: (1) that the doctor was legally obligated to provide treatment or care to the patient; (2) that he breached that duty; (3) that a causal connection exists between the breach and injury and (4) the harm results in damages that the legal system can address.

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

Based on the circumstances, the plaintiff (the person who filed the claim, or their legal representative) or their lawyer may decide to file the case in federal or state court. Most malpractice cases are filed in state court. However, under certain circumstances the medical malpractice lawsuit may be filed in federal district court.

Wrong Surgery

The procedure that is performed on the wrong site is not common however, it could be a case of medical malpractice if the procedure is performed in the wrong place on your body. This type of mistake is often caused by miscommunications between members of the surgical team or pressures in the production process that result in surgeons having multiple surgeries assigned at once. In these situations the surgeon is not solely accountable for a mistaken-site operation because of a legal principle known as "res ipsa locquitur" which says that the outcome speaks for itself and cannot be attributed to negligence.

If a patient gets injured during surgery that is performed on the wrong site the patient may require additional procedures to repair issues that were caused by the surgical error. Patients and their families are left with expensive medical bills. It is important to keep these costs in mind when calculating the financial burden of medical malpractice claims.

Surgeons are often held liable for surgical errors since they are the ones who are responsible for properly 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 made on the correct site. However, in some instances an anesthesiologist or a hospital could also be liable. Medical malpractice claims are typically filed in state court but may be transferred in certain circumstances to federal court.