Ten Myths About Malpractice Lawyers That Aren t Always The Truth

Common Causes of Malpractice Litigation

Malpractice litigation is a tense process. Whether or not the error constitutes malpractice depends on whether the patient is able to establish four legal elements that include a professional obligation breach of this duty; harm resulted from the breach and the possibility of quantifiable damages.

Plaintiffs must also prove the elements by using evidence such as expert testimony and depositions.

The wrong diagnosis and the inability to recognize

Failure to diagnose an injury or illness accurately could lead to serious complications, or death. Many medical malpractice cases involve incorrect diagnosis. To prove negligence, a person or their lawyer must demonstrate that a skilled doctor in similar circumstances would not have misdiagnosed a problem.

Misdiagnosis does not always constitute malpractice. Even highly-trained and experienced doctors can make errors. Therefore, any claim of malpractice must be backed up by other elements such as breach, proximate reason and actual injury. If a doctor does not sterilize his equipment prior to giving anesthesia, and the patient becomes infected due to this, the doctor might be found to be negligent.

In most cases, lawsuits alleging malpractice will be filed in the state trial court where the alleged malpractice took place. However, federal courts may be able to handle cases in certain circumstances. A case may be brought before a federal court under certain circumstances. For example, it may involve an issue regarding the statute of limitations or if the parties are of different citizenships. Certain disputes are settled through arbitral arbitration, which is a binding process. This is a less formal process with professional decision makers. It is designed to reduce costs, speed up legal proceedings and reduce the possibility of excessively generous juries. However, arbitration is not accessible for all malpractice claims.

Dosage for a drug that is not correct

Medication errors, also known as 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 errors are typically preventable. In certain circumstances, a hospital, its staff, a pharmacist or other health care providers could be held accountable for the injuries sustained by patients who were given the wrong dose of medication.

A doctor may prescribe the wrong medication as a result of a misdiagnosis. Or, simply making a mistake in the prescription. A health care provider may also prescribe the wrong dosage because of an issue with communication for instance, when a nurse reads the doctor's handwritten prescription incorrectly or the pharmacist is mistaken in filling out the prescription. In other situations doctors may delay administering the correct medication to the patient, resulting in their condition deteriorating.

To be successful in a malpractice lawsuit, a victim must establish that the medical professional violated their duty of care and that negligence directly caused their injuries. This requires medical experts to testify. A medical malpractice claim also must prove the extent and the damages caused by the victim's injuries. This includes the costs of treatment as well as any lost wages. Generally, the greater a person's losses are, the more valuable the claim will be.

Wrong Procedure

It might seem absurd for medical professionals to perform the incorrect procedure on a patient, however, this type of event occurs. A surgeon who makes the mistake could be held accountable for negligence. However patients who are injured due to a surgical error could also be held responsible for any negligence that occurred the way to the procedure.

A health care professional who is accused of malpractice must prove that the patient was injured due to the specific act or failure to act. To prove this, the legal team representing the patient must demonstrate: (1) that the doctor was obligated to provide treatment or care to the patient; (2) that he breached that duty; (3) that a causal link exists between the breach and injury; and (4) the injury results in damages which the legal system may address.

A breach of the duty of care is insignificant 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 obvious and recognizable that they can only be explained through negligent acts.

Depending on the circumstances depending on the facts, the plaintiff (the person who filed the claim, or their legal representative) or their lawyer may decide to file the case in federal or state court. The majority of malpractice cases are filed in state court. However, under limited circumstances medical malpractice lawsuits could be filed in federal district court.

Wrong Surgery

Wrong-site surgery is a rare error, but it may be considered medical malpractice attorneys if the procedure is carried out on the wrong portion of the body. This type of error is often caused by miscommunications between members of the surgical team or production pressures that result in surgeons being assigned multiple surgeries assigned at once. In these situations, the surgeon is not solely responsible for his or her responsibility for an incorrect-site procedure due to a legal principle called "res ipsa loquitur" which means that the consequence of the error speaks for itself and can be attributed to negligence.

If the patient is injured during an operation that was performed on the wrong site the patient may require additional procedures to rectify problems that were aggravated by the mistake. Patients and their families are left with costly medical bills. It is crucial to take these costs into account when calculating the financial burden of medical malpractice lawsuits (learn more).

Most often surgeons are accountable for surgical errors. They are accountable for preparing the patient for the procedure, as well as checking the medical records and chart of the patient, coordinating with the rest of the medical staff, and ensuring that the incision was placed in the proper location. However, in some cases an anesthesiologist or hospital may also be held responsible. Medical malpractice lawsuits are usually filed in state courts, however, in certain situations, they can be transferred to federal courts.