Common Causes of Malpractice Litigation

Malpractice litigation can be a difficult procedure. Whether or not an error is considered to be malpractice is dependent on the ability of the patient to prove four legal elements which include professional duty; breach of this duty; harm resulted from the breach and quantifiable damages.

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

Incorrect diagnosis and inability to diagnose

The inability of a doctor to correctly diagnose an illness or injury could result in grave complications, or even death. Incorrect diagnosis is a common cause of medical malpractice. To prove negligence, a person or their lawyer must prove that a qualified doctor in similar circumstances would not have misdiagnosed the condition.

The misdiagnosis of a patient does not always mean malpractice. Even highly trained and experienced doctors make mistakes, so an allegation of malpractice law firm needs to be backed by other elements such as breach, proximate causality and actual injury. For instance when a doctor fails to properly sterilize their equipment prior to giving anesthesia and the patient develops an infection due to the infection the doctor could be liable for malpractice.

In the majority of cases, lawsuits alleging malpractice will be filed in the state trial court where the alleged error occurred. Federal courts can however have jurisdiction in certain situations. For instance, a claim may be brought in federal court if it involves a dispute over the time limit for filing a claim or when there is a substantial diversity of citizenship of the parties to the case. Certain disputes are settled through arbitration that is binding and voluntary. This is a less-formal process which involves professionals who make the decisions. It is designed to minimize costs, speed up legal process, and remove the risk that comes with large juries. Arbitration is not available in all instances of malpractice.

Dosage for a drug that is not correct

Medication errors, also known as medication mistakes, are one of the main causes of medical malpractice lawsuits. They can be caused by a physician prescribing a prescription in error or delivering the wrong dose to patients. These errors are usually preventable. Depending on the circumstances the hospital staff member, a pharmacist or other health professionals may be held liable for the injuries sustained by a patient who was prescribed the wrong dose of medication.

A doctor could prescribe the incorrect medication to a patient because of an incorrect diagnosis or simply because he/she misreads the prescription. A health care professional may also prescribe the wrong dosage because of a glitch in communication. For instance, a nurse may not read a doctor's prescription correctly or a pharmacist could fail to fill the prescription. In other situations doctors may delay the administration of the correct medication to the patient, resulting in their condition deteriorating.

A victim must prove, in order to win a malpractice claim, that the medical professional violated their standard of practice and that their injuries were directly attributed to the negligence. This requires medical expert testimony. Moreover, a medical malpractice claim must establish the extent of the injuries suffered by a victim and the damage they sustained as a result of the negligence. 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.

Unskillful Procedure

It might seem unlikely that medical professionals could perform the incorrect procedure on a patient, Vimeo but this type of mishap is quite common. If a surgeon makes this error can be found accountable for negligence. However the patient who is injured by a surgical mistake can also be held accountable for any negligence that occurred along the process.

Any health care professional who is accused of malpractice must prove that the patient was harmed through a specific act or omission to act. To establish this, the legal team representing the patient must show: (1) that the doctor was required to provide care or treat the patient; (2) that he violated his duty; (3) that a causal link exists between the negligence and injury; and (4) the injuries result in damages that the legal system could address.

A breach of the duty of care has no significance unless it causes injury, this is why medical malpractice lawsuits are generally built on a legal concept known as "res ipsa loquitur." This law states that, in a lot of instances, certain injuries are so obvious and unmistakable that they can only be explained by negligent acts.

Depending on the circumstances of the situation, the plaintiff (the patient or their legally appointed representative) or their lawyer may file the claim in state or federal court. The majority of malpractice cases are filed with state courts, but in certain situations the case of medical negligence may be filed in federal district court.

Wrong Surgery

The wrong-site procedure is rare but it could be considered medical malpractice if the procedure is performed in the wrong part of your body. This kind of error is usually caused by a lack of communication between members of the surgical team, or pressures on production that result in the surgeon performing several surgeries to perform at the same time. In these instances, a surgeon is not solely responsible for a wrong-site operation because of a legal principle known as "res ipsa locquitur" which states that the result is a matter of fact and cannot be blamed on negligence.

If the patient is injured during an improper procedure, he or her may require additional procedures to rectify problems that were aggravated by the error. This can result in high medical expenses for patients and their families. It is crucial to consider these costs when calculating the financial costs of medical malpractice lawsuits.

Most often, surgeons are held responsible for surgical mistakes. They are accountable in preparing the patient prior to surgery, reviewing the medical records and charts of the patient, communicating with the rest of the medical personnel, and ensuring that the incision was placed in the correct place. However, in certain instances an anesthesiologist or hospital may also be accountable. Medical malpractice cases are typically filed in state courts, Vimeo but under certain circumstances they may be transferred to federal court.