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Common Causes of Malpractice Litigation

The legal process for defending malpractice is a complex procedure. If a patient can prove four elements, it will decide whether or not the error is a case of malpractice. These are the following: a professional obligation in breach of this duty; a loss resulting from this breach; and quantifiable damages.

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

Undiagnosed or Incorrectly Diagnosed

The failure of a physician to accurately diagnose an illness or injury can result in serious complications or even death. Many medical malpractice cases involve mistakes in diagnosis. To establish negligence, a patient or their lawyer must demonstrate that an experienced doctor in similar circumstances would not have misdiagnosed the condition.

A misdiagnosis is not always negligence. Even highly skilled and malpractice law experienced doctors make mistakes. Therefore, an allegation of malpractice needs to be supported by other factors such as breach, proximate causation and actual injury. For instance when a doctor fails to properly sterilize their equipment before administering anesthesia and the patient develops an infection in the process the doctor may be liable for malpractice.

In most cases, lawsuits alleging malpractice will be filed in the state trial court in which the alleged error occurred. Federal courts could however have jurisdiction in certain situations. For instance, a lawsuit could be filed in federal court if it involves an issue regarding a statute of limitations or when there is a substantial diversity of citizenship of the parties to the case. Some claims can be settled through voluntary binding arbitration. This is a less formal process with professional decision makers. It is intended to cut costs, expedite legal proceedings and eliminate the possibility of excessively generous juries. Arbitration is not available in all cases of misconduct.

Wrong Drug Dosage

Medication mistakes, also referred to as medication errors, are one of the main causes of medical malpractice attorney lawsuits. They can be caused by a physician prescribing a prescription in error or delivering the wrong dose to the patient. These mistakes are usually preventable. According to the circumstances the pharmacy, hospital or other health care providers could be held accountable for the harm caused by patients who were given the wrong dose of a drug.

A doctor might prescribe the wrong medication to a patient because of an incorrect diagnosis or simply due to a misreading of the prescription. A health care professional may also give the wrong dosage because of a glitch in communication. For example, a nurse may take a doctor's prescription and read it incorrectly or a pharmacist may make a mistake when filling the prescription. In other instances the doctor could delay the proper medication, which could cause the patient's illness to worsening.

In order to be successful in a malpractice lawyer case, the victim must demonstrate that the medical professional did not meet their duty of care and that negligence directly caused the injuries. This requires medical experts to provide evidence. A medical malpractice case must establish the extent and damage of the victim's injuries. This includes the cost of treatment for the victim as well as any wages lost. Generally, the greater a loss is in the greater value of the claim will be.

Wrong Procedure

It might seem absurd for medical professionals to perform the wrong procedure on a patient, however, this type of event can occur. A surgeon who makes this mistake can be held liable for negligence. A patient who is injured because of an error Malpractice Law during surgery can be held responsible for any error that occurred during the procedure.

A medical professional accused of malpractice has to prove that a patient was injured by an action or inability to perform the act. To establish this, the legal team representing the patient must demonstrate: (1) that the doctor was required to care for or treat the patient; (2) that he breached that duty; (3) that a causal link exists between the breach and the injury; and (4) the injury causes damages that the legal system can address.

A breach of duty of care is no value unless it results in injury. This is the reason medical malpractice cases are often founded on the legal doctrine "res ipsa locquitur," which states that certain injuries are so obvious they can be explained only by negligence.

Based on the facts of the case, the plaintiff (the patient or their legally designated representative) or their lawyer may bring the case in state or federal court. The majority of malpractice cases are filed in state court. However, under limited circumstances medical malpractice Law lawsuits can be filed in federal district court.

Wrong Surgery

Surgery performed on the wrong site is a very rare error, but it may be considered medical negligence if the procedure is performed on the wrong area of the body. This kind of error is usually caused by a lack of communication between members of a surgical team, or production pressure that leads to a surgeon being assigned multiple surgeries at once. In these instances, a surgeon is not solely accountable for a mistaken-site procedure due to a legal principle known as "res ipsa locquitur" which states that the result is a matter of fact and cannot be blamed on negligence.

When a patient is injured due to surgery performed on the wrong site and is injured, they may require additional procedures to fix issues that were caused due to the surgical error. Patients and their families are left with costly medical bills. This expense should be taken into consideration when calculating the financial impact of medical malpractice law lawsuits.

Surgeons are most often held accountable for surgical errors because they are the individuals who are responsible for preparing for the operation, double-checking the patient's chart and medical records, coordinating effectively with the other members of the medical team and making sure the incision is located at the correct location. However, in some cases an anesthesiologist or a hospital could also be accountable. Medical malpractice claims are typically filed in state courts, but can be transferred under certain circumstances to federal court.