The People Closest To Malpractice Lawyers Tell You Some Big Secrets

Common Causes of Malpractice Litigation

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

Plaintiffs must prove these elements by presenting evidence such as expert testimony, depositions and discovery.

Undiagnosed or Incorrectly Diagnosed

Failure to identify an illness or injury accurately can result in serious complications, or death. Incorrect diagnosis is a common reason for medical negligence. To prove negligence, the patient or their attorney must demonstrate that a competent doctor under similar circumstances and working in the same area would not have misdiagnosed the condition.

The misdiagnosis of a patient does not always mean malpractice. Even highly trained and experienced doctors make mistakes, therefore any claim of malpractice has to be backed by other elements like breach, proximate causation, and actual injury. If a physician fails to sterilize his equipment prior the time he administers anesthesia, and the patient becomes infected as a result of this, the doctor could be liable.

In most instances, lawsuits claiming that there was a mistake will be filed in the state trial court where the alleged malpractice took place. Federal courts may, however, have jurisdiction in certain instances. For instance, a claim could be filed in federal court in the event of the interpretation of the time limit for filing a claim or when there is a significant diversity of citizenship of the parties involved in the case. Certain claims are settled through arbitration that is binding and voluntary. This is a less formal procedure with professional decision makers. It is intended to cut costs, speed up legal proceedings and reduce the possibility of excessively generous juries. Arbitration is not always available in cases of misconduct.

Dosage for a drug that is not correct

Medication errors are one of the most common causes of medical malpractice lawsuits. These errors could be caused by a doctor writing prescriptions in a wrong format or giving the patient the incorrect dosage. These errors are generally preventable. According to the situation, a pharmacy, a hospital or other health care providers could be held accountable for the injuries caused by patients who were given the wrong dosage of a drug.

A doctor may prescribe the wrong drug because of a misdiagnosis. Or, simply misreading the prescription. A health professional may also administer the wrong dosage because of an interruption in communication like when a nurse reads a doctor's handwritten script incorrectly or the pharmacist makes an error in filling the prescription. In other instances, a physician might delay the administration of the correct medication to the patient, resulting in their condition becoming worse.

A person seeking compensation must prove, for the sake of winning a malpractice lawsuit, that the medical professional violated their standards of practice and that their injuries were directly attributed to the negligence. This requires medical experts to provide evidence. In addition, a medical mishap claim must establish the extent of the victim's injuries and the damages they suffered as a result of the negligence. This includes the cost of treatment as well as any wage loss. The more loss you suffer is, the more valuable of the claim.

Incorrect Procedure

It may seem impossible that medical professionals could perform the incorrect procedure on a patient, but this type of mishap can occur. The surgeon who commits this kind of error could be held liable for malpractice. However the patient who is injured due to a surgical error may also be held liable for any negligence that occurred on the way to the procedure.

Any health care professional who is accused of malpractice must prove that the patient was harmed due to a specific act or inaction. To prove this the legal team representing the patient must demonstrate that: (1) the doctor was under a duty to provide care or treatment; (2) that the doctor breached the duty of care; (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 could deal with.

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

Depending on the circumstances, the plaintiff (the person who filed the claim, or their legal representative) or their lawyer could decide to file a lawsuit in either state or federal court. The majority of malpractice cases are filed in state court, however in certain circumstances medical malpractice lawsuits can be brought in federal district court.

Wrong Surgery

A wrong-site procedure is a rare error, but it can be considered medical negligence if the procedure is carried out on the wrong portion of the body. This kind of error is typically caused by miscommunication between the members of a surgical team or production pressure that results in a surgeon being assigned multiple surgeries at once. In these cases, a surgeon is not solely responsible for an incorrect-site operation because of the legal principle known as "res ipsa locquitur" which says that the outcome is a matter of fact and cannot be attributed to negligence.

If someone is injured during an incorrect procedure the patient may require additional procedures in order to correct problems that were aggravated by the mistake. Patients and their families are left with high medical bills. This expense should be considered when calculating the financial impact of medical malpractice claims.

Most often, surgeons are held responsible for surgical mistakes. They are accountable in preparing the patient prior to surgery, reviewing the chart and medical records of the patient, coordinating with the medical team, and ensuring that the incision was made at the right place. In some cases hospitals or anesthesiologists may also be held responsible. Medical malpractice lawsuits are typically filed in state court, but may be transferred in certain circumstances to federal court.