Who Is The World's Top Expert On Malpractice Lawyers?

Common Causes of Malpractice Litigation

The process of bringing a malpractice lawsuit is a complex procedure. The question of whether or not an error constitutes malpractice depends on the ability of the patient to establish four legal elements: a professional duty; breach of this duty; harm resulting from the breach; and damages that can be quantifiable.

Plaintiffs must also prove these elements with evidence like expert testimony, depositions, or discovery.

Undiagnosed or Incorrectly Diagnosed

Failure to identify an illness or injury accurately can cause serious complications, or even death. It is a typical reason for medical malpractice. To show negligence, the patient or their lawyer must prove that a skilled doctor in similar circumstances would not have misdiagnosed a condition.

Every misdiagnosis can be considered to be an error, but. Even highly skilled and experienced doctors make mistakes, so a claim of malpractice must be supported by other elements like breach, proximate cause and actual injury. For example, if a physician fails to properly sterilize their equipment prior to giving anesthesia and the patient suffers an infection in the process the doctor could be found to be negligent.

In most instances, lawsuits claiming that there was a mistake will be filed in the state trial court in which the alleged misconduct occurred. Federal courts may be able to hear cases in certain circumstances. For instance, a case may be brought in federal court if there is a dispute over the time limit for filing a claim or in the event of a significant difference in citizenship among those involved in the dispute. Some claims are settled by arbitration that is binding and voluntary. This is a less formal process that involves professional decision makers. It is designed to cut expenses, speed up the legal process, and reduce the risks associated with large juries. However, arbitration isn't available for all malpractice claims.

Wrong Drug Dosage

Medication errors, also known as medication mistakes, are one of the main causes of medical malpractice lawsuits. They can be caused by a physician writing a prescription incorrectly or administering the wrong dosage to patients. These errors are usually preventable. Based on the circumstances the pharmacy, hospital or other health care providers could be held accountable for injuries caused by patients who were given the wrong dose of a drug.

A doctor might prescribe the wrong drug because of a misdiagnosis or by simply misreading the prescription. A health care provider may also administer the wrong dosage because of an issue with communication like when the nurse reads the doctor's handwritten prescription incorrectly or the pharmacist makes an error in filling the prescription. In other instances the doctor may delay the proper medication, which can cause the patient's illness to getting worse.

To be successful in an action for malpractice, a victim must demonstrate that the medical professional acted in breach of their duty of care and that their negligence directly led to their injuries. This requires medical experts to provide evidence. In addition, a medical mishap case must prove the extent of a victim's injuries and the damage they sustained as a result of the negligence. This includes the cost of treatment for a patient and any lost wages. Generally, the greater a person's losses are in the greater value of the claim will be.

Wrong Procedure

This kind of situation is not unusual. It may seem like a challenge for medical professionals to carry out the incorrect procedure on patients however, it is a reality. A surgeon who commits the mistake could be held liable for negligence. A patient who suffers injury as a result of an error in surgery could be held liable for any mistakes that were made during the procedure.

Any health professional who is alleged to be negligent must prove that the patient was harmed by a specific act or failure to act. To prove this the legal team representing the patient must demonstrate that: (1) the doctor was under an obligation to provide care or treatment; (2) that the doctor breached this duty; (3) that there is a direct causal relationship between the breach and the injury; and (4) that the injury causes damages that the legal system is able to resolve.

A breach of the duty of care is not relevant unless it causes injury, which is the reason medical malpractice claims are typically made based on a law known as "res ipsa loquitur." This law says that, in many instances, certain injuries are so evident and obvious that they cannot be explained except by negligent actions.

Based on the facts depending on the facts, the plaintiff (the person who filed the claim, or their legal representative) or their lawyer could choose to file in either state or federal court. Most malpractice cases are filed in state courts, however under certain circumstances medical malpractice lawsuits may be filed in federal district court.

Wrong Surgery

The wrong-site surgery isn't common, but can be considered medical malpractice in the event that the procedure is carried out in the wrong location of your body. This type of mistake is usually the result of miscommunications between members of the surgical team, or by production pressures that lead to surgeons being assigned several surgeries to perform at the same time. In these instances the surgeon is not solely responsible for a wrong-site operation because of the legal principle known as "res ipsa locquitur", which states that the result is a matter of fact and cannot be attributed to negligence.

If a patient gets injured by wrong-site surgery and is injured, they may require additional procedures to repair problems that are aggravated by the surgical mistake. Patients and their families are left with expensive medical bills. These expenses must be taken into consideration when calculating the financial consequences of medical malpractice lawsuits.

The majority of times surgeons are held accountable for surgical mistakes. They are accountable for preparing the patient for the procedure, examining the medical records and chart of the patient, coordinating with the medical staff, and ensuring that the incision was made in the proper location. However, in some cases an anesthesiologist or hospital may also be liable. Medical malpractice claims are generally filed in state courts, however, under certain circumstances, they can be transferred to federal court.