Here's A Little Known Fact About Malpractice Lawyers

Common Causes of malpractice lawyers Litigation

The process of bringing a malpractice lawsuit is a complex procedure. The question of whether or not an error is considered to be malpractice is dependent on the ability of the patient to establish four legal elements: a professional duty and breach of this duty; harm caused by the breach and the possibility of quantifiable damages.

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

The wrong diagnosis or the inability to diagnose

A physician's inability to diagnose an illness or injury could result in serious complications or even death. The misdiagnosis of a patient is a frequent reason for medical malpractice. To show negligence, the patient or their lawyer needs to prove that a qualified doctor in similar circumstances would not have misdiagnosed a condition.

A misdiagnosis is not always negligence. Even highly experienced and trained doctors make mistakes. Therefore, a claim of malpractice has to be backed by other elements such as breach, proximate cause or actual injury. For example, if a physician does not properly sterilize their equipment prior to administering anesthesia to a patient and they develop an infection in the process, the doctor could be liable for malpractice.

In most cases, lawsuits that allege malpractice will be filed in the state trial court in which the alleged error occurred. Federal courts could, however, have jurisdiction in certain instances. A claim may be filed before a federal court under certain circumstances. For instance it could be the issue of a statute of limitation or when the parties have different citizenships. Some claims can be resolved through binding arbitration that is voluntary. This is a less formal process which involves professional decision makers and is designed to cut costs, expedite legal proceedings, and eliminate the possibility of excessively generous juries. However, arbitration is not available for all claims of malpractice.

Dosage of a drug that is incorrect

Medication errors--also called medication mistakes--are one of the main causes of medical malpractice lawsuits. They can be the result of a doctor prescribing the wrong medication or giving the wrong dosage to the patient. These errors are usually avoidable. According to the circumstances, a hospital staff member, a pharmacist or other health professionals could be held accountable for the harms suffered by the patient who received the wrong dosage of medication.

A doctor can prescribe the wrong drug because of a misdiagnosis. Or, simply failing to read the prescription. A health professional could also give the wrong dosage due to a breakdown in communication. For example the nurse might not read a doctor's prescription correctly or a pharmacist may have a mistake while filling the prescription. In other situations the doctor may delay in administering the correct medication to the patient, resulting in their condition worsening.

To prevail in a malpractice lawsuit, a victim must show that the medical professional violated their standard of care, and that negligence directly caused their injuries. This requires medical expert testimony. Moreover, a medical malpractice case must demonstrate 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 treatment as well as any lost wage. The more money you lose of the claim, the greater the value of the claim.

Incorrect Procedure

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

Any health care professional who is accused of negligence must prove that the patient was harmed by a specific act or omission to act. To establish this, the patient's legal team must prove that: (1) the doctor had an obligation to provide care or treatment; (2) that the doctor breached this duty; (3) that there is a direct causal connection between the breach and the injury; and (4) that the injury causes damages that the legal system can resolve.

A breach of duty of care has no significance unless it results in injury. This is why medical malpractice cases tend to be based on the legal doctrine "res ipsa locquitur," which states that certain injuries are so obvious that they can only be explained through negligence.

Depending on the facts of the case, the plaintiff (the patient or their legally appointed representative) or their attorney may make the claim in a federal or state court. Most malpractice cases are filed in state court, but in certain situations, a medical malpractice lawsuit may be filed in federal district court.

Wrong Surgery

Wrong-site surgery is a rare error, but it may be considered medical malpractice if the procedure is performed on the wrong side of the body. This type of error is often caused by miscommunication between members of a surgical team, or production pressure that leads to the surgeon being tasked with multiple surgeries at one time. In these situations the surgeon isn't alone in his or her responsibility for an incorrect-site procedure because there is the legal principle known as "res ipsa loquitur" which means that the effect of the error speaks for itself and can only be attributed to negligence.

If a patient is injured during an incorrect procedure, he or her may need additional procedures to correct problems that were made worse due to the error. This leads to costly medical expenses for the patient and their families. It is essential to consider these costs when calculating the financial cost of medical malpractice lawsuits.

Most often surgeons are liable for surgical errors. They are responsible in preparing the patient for the procedure, checking the medical records and chart of the patient, communicating with the rest of the medical team, and ensuring that the incision was made in the correct place. However, in some cases hospitals or anesthesiologists may also be held responsible. Medical malpractice claims are generally filed in state court, but may be transferred in certain circumstances to federal court.