The Hidden Secrets Of Malpractice Lawyers

Common Causes of Malpractice Litigation

Malpractice litigation involves a complex procedure. If a person can prove four elements, it will determine whether or not the mistake is a case of malpractice. These are professional obligation and a breach of that obligation; a repercussion from the breach; and quantifiable damages.

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

Incorrect diagnosis and inability to diagnose

Failure to diagnose an illness or injury accurately can cause serious complications, or even death. It is a typical cause of medical negligence. To prove negligence, a person or their lawyer must demonstrate that a seasoned doctor in similar circumstances would not have misdiagnosed a condition.

Misdiagnosis doesn't always mean malpractice. Even highly-trained and experienced doctors are not immune to mistakes. Therefore, any claim for malpractice must be backed up by other elements such as breach, proximate reason and actual injury. For instance If a doctor does not take the time to clean their equipment prior the time they administer anesthesia and the patient develops an infection in the process the doctor could be liable for malpractice.

In the majority of instances, lawsuits claiming that there was a mistake will be filed in the state trial court in which the alleged malpractice took place. However, federal courts might have jurisdiction in certain situations. For example, a claim could be filed in federal court if there is an issue regarding the time limit for filing a claim or if there is a substantial diversity of citizenship of the parties involved in the case. Certain disputes are settled through arbitration that is binding and voluntary. This is a less formal procedure with professional decision makers. It is intended to save costs, expedite legal proceedings and eliminate the risk of overly generous juries. Arbitration is not available in all cases of malpractice.

Wrong Drug Dosage

Medication errors are one of the main causes of medical malpractice lawsuits. These errors could be caused by a doctor who has submitted prescriptions in a wrong format or giving the patient the wrong dosage. These mistakes are usually preventable. Based on the circumstances, a hospital or its staff, pharmacist or other health professionals could be held accountable for the injuries sustained by a patient who was prescribed the wrong dosage of medication.

A doctor may prescribe the wrong medication because of a misdiagnosis or by simply failing to read the prescription. A health professional could also give the wrong dosage because of a glitch in communication. For example nurses may not read a doctor's prescription correctly or a pharmacist might have a mistake while filling the prescription. In other instances the doctor might delay the proper medication, which can cause the patient's illness to getting worse.

To be successful in a malpractice case, a victim must prove that the medical professional violated their standards of care and that the negligence directly contributed to their injuries. This requires medical experts to be present. Moreover, a medical malpractice case must demonstrate the extent of the injuries suffered by a victim and the damages they suffered because of the negligence. This includes the cost of treatment for a patient and any wages lost. Generally, the greater a loss is in the greater value of the claim will be.

Wrong Procedure

This kind of situation is not unusual. It might seem impossible for medical professionals to carry out the wrong procedure on patients, however, it is a reality. A surgeon who makes this error can be found accountable for malpractice. Patients who are injured as a result of a surgical error may be held responsible for any mistakes that were made during the procedure.

A health professional accused of malpractice has to prove that a patient was injured by the specific act or inability to take action. To establish this the legal team representing the patient must demonstrate: (1) that the doctor was legally obligated to treat or provide care to the patient; (2) that he violated his duty; (3) that a causal connection exists between the negligence and injury and (4) the injury results in damages the legal system can address.

A breach of the duty of care has no significance unless it causes injury, which is the reason medical malpractice claims are usually made based on a law known as "res ipsa loquitur." This law says that, in a majority of cases certain injuries are so obvious and unmistakable that they can only be explained by negligent actions.

Depending on the facts the plaintiff (the person who filed the claim, or their legal representative) or their attorney may choose to file in state or federal court. The majority of malpractice cases are filed in state court. However, under certain circumstances medical malpractice lawsuits can be filed in federal district court.

Wrong Surgery

The wrong-site surgery is a common error, but it could be considered medical negligence if the procedure is performed on the wrong part of the body. This type of error is usually the result of miscommunications between members of the surgical team, or by production pressures that result in surgeons being assigned multiple surgeries at once. In these situations, the surgeon is not all-in on his responsibility for a surgery that was performed on the wrong site since there is an underlying legal principle referred to as "res ipsa loquitur" which means that the outcome of the error is evident and cannot be attributed to negligence.

When a patient is injured during surgery that is performed on the wrong site the patient may require additional procedures to fix problems that are aggravated by the surgical error. Patients and their families are left with costly medical bills. These costs should be taken into consideration when calculating the financial consequences of medical malpractice lawsuits.

Surgeons are usually accountable for surgical errors since they are the ones who are responsible for prepping for the operation by double-checking patient's chart and medical records, coordinating effectively with other members of the medical team, and making sure that the incision is made on the correct site. In some instances, a hospital or anesthesiologist may be held accountable. Medical malpractice lawsuits are typically filed in state court but may be transferred in certain circumstances to federal court.