Common Causes of Malpractice Litigation

Malpractice litigation is a complicated process. The question of whether or not the error Vimeo constitutes malpractice depends on the ability of the patient to prove four legal elements that include a professional obligation breach of this duty; harm resulted from the breach and quantifiable damages.

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

Misdiagnosis and Failure to Diagnose

The failure of a physician to accurately diagnose an illness or injury could result in serious complications or even death. A large number of medical malpractice cases involve mistakes in diagnosis. To prove negligence the patient or their attorney must show that a competent doctor under similar circumstances and working in the same field would not have misdiagnosed the problem.

Not every misdiagnosis is an error, but. Even highly skilled and experienced doctors make mistakes, therefore any claim of malpractice has to be supported by other factors like breach, proximate causality and actual injury. If a doctor does not sterilize his equipment prior the time he administers anesthesia, and the patient becomes infected due to this, the doctor could be held accountable.

In the majority of instances, lawsuits claiming malpractice will be filed in the state trial court where the alleged malpractice took place. Federal courts may however have jurisdiction in certain circumstances. A case can be brought before a federal court under certain circumstances. For instance it could involve a dispute about a statute of limitation or when the parties have different nationalities. Some claims are settled by binding arbitration. This is a less formal process that involves professionals who make the decisions. It is intended to save costs, expedite legal proceedings and remove the risk of overly generous juries. Arbitration is not available in all instances of misconduct.

The wrong dosage of medication

Medication errors--also called medication mistakes--are one of the most frequent causes of medical malpractice lawyer lawsuits. These errors could be caused by a doctor writing a prescription in the wrong format or giving the patient the wrong dosage. These errors are typically preventable. According to the circumstances the situation, a pharmacist, a hospital or other health care provider could be held accountable for the injuries resulting from a patient who was given the wrong dosage of a drug.

A doctor may prescribe the incorrect medication to a patient as a result of an incorrect diagnosis or simply because they misread the prescription. A health care provider can also administer the wrong dosage due to a lapse in communication. For example nurses may take a doctor's prescription and read it incorrectly or a pharmacist might make a mistake when filling the prescription. In other situations doctors may delay administering the correct medication to the patient, resulting in the patient's condition getting worse.

A person seeking compensation must prove, for the sake of winning a malpractice lawsuit, that the medical professional breached their standards of practice and that their injuries were directly attributed to the negligence. This requires medical expert testimony. Medical malpractice cases also must prove the extent and the damages caused by the victim's injuries. This includes the cost of a person's treatment and any lost wages. Generally, the greater a person's losses are and the greater the value of the claim will be.

Wrong Procedure

It may seem impossible that medical professionals could perform the incorrect procedure on a patient but this type of mishap occurs. A surgeon who makes this error may be held accountable for negligence. However, a patient who is injured by a surgical mistake could also be held accountable for any negligence that occurred the path to the procedure.

A health professional accused of malpractice must demonstrate that a patient was injured by an action or inability to perform the act. To establish this, the patient's legal team must prove that: (1) the doctor was bound by a duty to provide care or treatment; (2) that the doctor did not fulfill this 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 is able to deal with.

A breach of the duty of care is insignificant unless it causes injury this is why medical malpractice claims are usually based on a legal doctrine called "res ipsa loquitur." This law states that, in many instances certain injuries are so obvious and recognizable that they are only explained by negligent actions.

Based on the facts, the plaintiff (the person who filed the claim, or their legal representative) or their lawyer can decide to file the case in either state or federal court. The majority of malpractice cases are filed in state courts, but in certain circumstances the case of medical negligence can be brought to federal district court.

Wrong Surgery

The wrong-site surgery is a common mistake, but it could be considered medical malpractice if the procedure is performed on the wrong side of the body. This kind of error is often caused by miscommunication between members of a surgical team or production pressure that leads to the surgeon being assigned multiple surgeries at the same time. In these cases the surgeon isn't solely responsible for an incorrect-site operation due to a legal principle known as "res ipsa locquitur" which says that the outcome speaks for itself and cannot be blamed on negligence.

If the patient is injured during an operation that was performed on the wrong site the patient may need additional procedures to correct issues that were caused due to the error. This results in costly medical expenses for patients as well as their families. These expenses must be taken into consideration when calculating the financial impact of medical malpractice lawsuits.

Surgeons are usually held liable for surgical errors because they are the individuals who are responsible for properly making preparations for the operation by double-checking patient's chart and medical records, communicating effectively with other members of the medical team and making sure the incision is made on the correct site. In some instances an anesthesiologist or hospital could also be held accountable. Medical malpractice claims are usually filed in state courts, Vimeo but in certain situations, they can be transferred to federal court.