This Is How Malpractice Lawyers Will Look In 10 Years

Common Causes of Malpractice Litigation

The legal process for defending malpractice is a complex procedure. If a patient can prove four factors, it will determine whether or not the error is malpractice. These are professional obligations; a breach of that obligation; a repercussion from this breach; and quantifiable damages.

Plaintiffs must be able to prove the elements using evidence, such as expert testimony and depositions.

Misdiagnosis and Failure to Diagnose

Failure to diagnose an injury or illness accurately can result in serious complications, or death. The misdiagnosis of a patient is a frequent reason for medical malpractice. To show negligence, the patient or their lawyer must show that a qualified doctor in similar circumstances would not have misdiagnosed a problem.

The misdiagnosis of a patient does not always mean negligence. Even highly-trained and experienced doctors are not immune to mistakes. Therefore, any claim of malpractice must be backed up by other elements, such as breach, proximate causes and actual injury. If a doctor fails to sterilize his equipment prior the time he administers anesthesia and the patient becomes infected as a result of this, the doctor may be found to be negligent.

In most cases, lawsuits that allege malpractice will be filed in the state trial court in which the alleged error occurred. Federal courts can be able to hear cases in certain situations. For example, a claim could be filed in federal court if there is a dispute over the statute of limitations or if there is a substantial variety of citizenship among those involved in the dispute. Certain disputes are settled via binding voluntary arbitration. This is a less formal procedure with professional decision makers. It is intended to cut costs, expedite legal proceedings and remove the risk of overly generous juries. However, arbitration is not accessible for all malpractice claims.

Dosage for a drug that is not correct

Medication errors--also called medication mistakes--are one of the most common causes of medical malpractice lawsuits. These errors could be caused by a doctor writing prescriptions in the wrong format or giving the patient the incorrect dosage. These mistakes are usually avoidable. Based on the circumstances, a pharmacy, a hospital or other health care provider could be held accountable for the injuries caused by a patient who was given the wrong dose of a medication.

A doctor can prescribe the wrong medicine because of a misdiagnosis or by simply making a mistake in the prescription. A health professional may also administer the wrong dosage because of an issue with communication for instance, when the nurse reads a doctor's handwritten script incorrectly or the pharmacist commits an error in filling out the prescription. In other cases doctors may delay the administration of the correct medication to the patient, resulting in their condition deteriorating.

In order to be successful in a malpractice case, a victim must establish that the medical professional breached their standard of care, and that the negligence directly caused the injuries. This requires testimony from a medical expert. Additionally, a medical malpractice case must establish the severity of the victim's injuries and the damage they sustained as a result of the negligence. This includes the cost of treatment and any lost wages. In general, the greater a loss is and the greater the value of the claim will be.

Unskillful Procedure

It might seem unlikely that medical professionals could perform the wrong procedure on a patient, however, this type of event does occur. A surgeon who commits this error may be held responsible for negligence. A patient who suffers injury because of an error during surgery can be held responsible for any negligence that occurred during the procedure.

A medical professional accused of negligence must prove that the patient was injured because of the specific act or failure to perform the act. To establish this the legal team of the patient must demonstrate: (1) that the doctor was obligated to treat or provide care to the patient; (2) that he breached that duty; (3) that a causal link exists between the negligence and injury and (4) the injuries result in damages that which the legal system may address.

A breach of duty of care has no meaning unless it result in injury. This is why medical malpractice cases are usually founded on the legal doctrine "res ipsa locquitur," which says that certain injuries are so obvious they can be explained only by negligence.

Based on the facts of the situation, the plaintiff (the patient or their legally appointed representative) or their lawyer may bring the case in federal or state court. Most malpractice cases are filed in state court, however in certain circumstances medical malpractice lawsuits may be filed in federal district court.

Wrong Surgery

The procedure that is performed on the wrong site is not common but it can be considered medical malpractice when the procedure is done in the wrong location of your body. This kind of error is usually caused by a lack of communication between members of the surgical team or production pressures that lead to surgeons having multiple surgeries at once. In these situations the surgeon isn't solely responsible for a wrong-site procedure due to the legal principle of "res ipsa locquitur", which states that the result is a matter of fact and cannot be blamed on negligence.

If the patient is injured during an incorrect procedure, he or her may require additional procedures in order to correct problems that were aggravated due to the error. Patients and their family members are left with hefty medical bills. It is important to take these costs into consideration when calculating the financial burden of medical malpractice lawsuits.

Surgeons are typically held liable for surgical errors as they are the ones who are responsible for properly making preparations for the operation by double-checking patient's chart and medical records, communicating effectively with other members of the medical team, and making sure that the incision has been made on the correct site. In some instances, hospitals or anesthesiologists may also be accountable. Medical malpractice attorneys lawsuits are usually filed in state courts. However, under certain circumstances, they can be transferred to federal court.