Common Causes of
malpractice lawyer Litigation
Malpractice litigation is a complicated process. The question of whether or not the error constitutes malpractice depends on whether the patient is able to establish four legal elements which include professional duty breach of this duty; injury due to the breach and quantifiable damages.
Plaintiffs must also prove these elements by presenting evidence like expert testimony, depositions, or discovery.
Undiagnosed or Incorrectly Diagnosed
Failure to correctly diagnose an injury or illness in a timely manner can lead to serious complications, or even death. It is a typical reason for medical malpractice. To establish negligence, a patient or their lawyer needs to prove that a seasoned doctor in similar circumstances would not have misdiagnosed a condition.
The misdiagnosis of a patient does not always mean negligence. Even highly skilled and experienced doctors make mistakes, so the claim of
malpractice law firms must be supported by other factors such as breach, proximate cause and actual injury. For example If a doctor does not take the time to sterilize their equipment prior to giving anesthesia, and the patient develops an infection in the process the doctor could be liable for malpractice.
In most instances, lawsuits claiming that there was a mistake will be filed in the state trial court where the alleged malpractice took place. However, federal courts might have jurisdiction in certain situations. For instance, a claim may be brought in federal court if it involves a dispute over the time limit for filing a claim or if there is a substantial difference in citizenship among those involved in the dispute. Certain claims are settled through binding voluntary arbitration. This is a less formal process which involves professional decision makers and is intended to save costs, expedite legal proceedings and reduce the risk of overly generous juries. However, arbitration is not accessible for all claims of malpractice.
The wrong dosage of medication
Medication errors are one of the most common causes of medical malpractice lawsuits. They can be the result of a doctor prescribing the wrong medication or administering the wrong dosage to the patient. These errors are generally preventable. Based on the circumstances the hospital or its staff, pharmacist or other health care professionals could be held responsible for the injuries of a patient who was prescribed the wrong dosage of a drug.
A doctor might prescribe the wrong medication to a patient because of an incorrect diagnosis or simply because he/she misreads the prescription. A health professional may also administer the wrong dosage because of an interruption in communication for example, when nurses read a doctor's handwritten script incorrectly or the pharmacist is mistaken in filling out the prescription. In other situations the doctor may delay the proper medication to the patient, which could result in the patient's condition getting worse.
A victim must prove, in order to win a malpractice lawsuit that the medical professional violated their standard of practice and that their injuries were directly attributed to the negligence. This requires medical experts to be able to testify. A medical malpractice claim also must prove the severity and damage of the victim's injuries. This includes the cost of treatment as well as any wage loss. Generally, the greater a loss is in the greater value of the claim will be.
Unskillful Procedure
This kind of situation is not unusual. It might seem unattainable for medical professionals to carry out the wrong procedure on patients but it's true. A surgeon who commits this mistake could be held responsible for malpractice. However those who are injured as a result of a surgical error may also be held liable for any negligence that occurred on the way to the procedure.
Any health professional who is accused of negligence must prove that the patient was harmed due to a specific act or inaction. To establish this, the legal team of the patient has to prove: (1) that the doctor was legally obligated to treat or provide care to the patient; (2) that he failed to fulfill his obligation; (3) that a causal link exists between the negligence and injury; and (4) the injury results in damages the legal system could address.
A breach of the duty of care has no significance unless it causes injury which is why medical malpractice lawsuits are generally founded on a legal principle known as "res ipsa loquitur." This law says that, in a majority of cases, certain injuries are so obvious and unmistakable that they cannot be explained except by negligence.
Based on the facts of the situation, the plaintiff (the patient or their legally appointed representative) or their attorney may file the claim in federal or state court. Most malpractice cases are filed in state court, however in certain circumstances medical
malpractice lawsuits can 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 part of your body. This type of error is usually the result of miscommunications between the surgical team or pressures in the production process that result in the surgeon performing several surgeries to perform at the same time. In these instances the surgeon is not solely accountable for a mistaken-site operation due to the legal principle known as "res ipsa locquitur" which states that the outcome speaks for itself and cannot be attributed to negligence.
If a patient is injured during a wrong-site procedure and is injured, they may need additional procedures to correct problems that were exacerbated by the error. Patients and their families are left with costly medical bills. These expenses must be considered when calculating the financial impact of medical malpractice claims.
Surgeons are usually held accountable for surgical errors because they are the individuals who are responsible for making preparations 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 has been done at the correct place. In some instances the hospital or anesthesiologist can also be held liable. Medical malpractice claims are generally filed in state court, but they may be transferred under certain circumstances to federal court.