Common Causes of
Malpractice Lawyer Litigation
Malpractice litigation is a complicated procedure. If an error constitutes malpractice depends on whether the patient can prove four legal elements such as a professional duty; breach of this duty; harm resulting from the breach; and the possibility of quantifiable damages.
Plaintiffs must also prove the facts using evidence, such as expert testimony and depositions.
Incorrect diagnosis or failure to diagnose
The failure of a physician to accurately diagnose an illness or injury can result in serious complications or even death. Many medical malpractice cases result from misdiagnosis. To prove negligence, the patient or their lawyer must demonstrate that a competent doctor in similar circumstances and
malpractice lawyer in the same area would not have misdiagnosed the condition.
Every misdiagnosis can be considered to be an error, but. Even experienced and highly trained 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 example If a doctor fails to properly sterilize their equipment prior to giving anesthesia to a patient and they develop an infection as a result the doctor may be found to be negligent.
In the majority of instances, lawsuits claiming that there was a mistake will be filed in the state trial court in which the alleged error occurred. However, federal courts may be able to hear cases in specific circumstances. A claim can be brought before a federal court in specific circumstances. For instance, it may involve disputes over a statute of limitation or when the parties are of different citizenships. In other cases, certain claims are resolved through binding arbitration that is voluntary. This is a less-formal process which involves professionals who make the decisions. It is designed to reduce costs, speed up legal proceedings, and eliminate the risk associated with overly large juries. Arbitration is not available in all cases of misconduct.
Dosage of a drug that is incorrect
Medication errors--also called medication mistakes--are one of the most frequent causes of medical
malpractice law firm lawsuits. These errors can be caused by a physician submitting prescriptions in the wrong format or giving the patient the wrong dosage. These mistakes are usually preventable. In certain circumstances, a hospital staff member, a pharmacist or other health professionals may be held liable for the injuries suffered by a patient who was prescribed the wrong dose of medication.
A doctor could prescribe the wrong medication because of a misdiagnosis or simply failing to read the prescription. A health professional could also administer the wrong dose due to a breakdown in communication for instance, when nurses read the handwritten prescription of a doctor incorrectly or the pharmacist makes a mistake in filling out the prescription. In other instances, the physician may delay the administration of the correct medication, which can result in the patient's health getting worse.
A person who suffers from a medical malpractice claim must prove, for the sake of winning a malpractice claim, that the medical professional breached their standards of practice and that their injuries were directly attributed to the negligence. This requires medical experts to testify. A medical malpractice case also must prove the extent and the damages caused by the victim's injuries. This includes the cost of treatment and any wage loss. Generally, the greater a loss is in the greater value of the claim will be.
Incorrect Procedure
It might seem absurd for medical professionals to perform the incorrect procedure on a patient, however, this kind of thing occurs. The surgeon who makes this error could be held accountable for negligence. If a patient is injured due to a surgical error may be held liable for any mistakes that were made during the procedure.
Any health professional who is accused of negligence must prove that the patient was harmed by a specific act or failure to act. To prove this the legal team of the patient must demonstrate that: (1) the doctor had the obligation to provide medical care or treatment; (2) that the doctor did not fulfill this duty; (3) that there is a direct causal relationship between the breach and the injury and (4) that the injury results in damages that the legal system can address.
A breach of the duty of care is insignificant unless it causes injury that's why medical malpractice lawsuits are generally founded on a legal principle known as "res ipsa loquitur." This law states that, in the majority of cases certain injuries are so obvious and unmistakable that they can only be explained by negligent acts.
Depending on the facts the plaintiff (the person who filed the claim or their legal representative) or their attorney may decide to file the case in federal or state court. The majority of malpractice cases are filed with state courts, however in certain situations, a medical negligence lawsuit can be brought to federal district court.
Wrong Surgery
Wrong-site surgery is a rare error, but it could be considered medical malpractice when the procedure is performed on the wrong part of the body. This type of mistake is usually the result of miscommunications between members of the surgical team, or by production pressures that result in a surgeon having multiple surgeries assigned at once. In these instances, the surgeon is not alone in his or her responsibility for a surgery that was performed on the wrong site because 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 traced to negligence.
If the patient is injured during an operation that was performed on the wrong site, he or her may require additional procedures to fix issues that were caused by the mistake. This results in costly medical bills for patients and their families. It is essential to take these costs into consideration when calculating the financial costs of medical malpractice claims.
Surgeons are typically accountable for surgical errors because they are the ones who are responsible for getting ready for the procedure by double-checking patient's chart and medical records, coordinating effectively with the other members of the medical team, and making sure that the incision has been made on the correct site. In certain instances the hospital or anesthesiologist could also be held accountable. Medical malpractice claims are generally filed in state court but can be transferred under certain circumstances to federal court.