Common Causes of Malpractice Litigation

malpractice law firm litigation can be a difficult procedure. Whether or not an error is considered to be malpractice is dependent on the ability of the patient to prove four legal elements such as a professional duty; breach of this duty; injury resulting from the breach; and tangible damages.

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

Misdiagnosis or Failure to Diagnose

Failure to identify an injury or illness accurately could lead to serious complications, or even death. Incorrect diagnosis is a common cause of medical malpractice. To prove negligence, a patient or their lawyer must demonstrate that a skilled doctor in similar circumstances would not have misdiagnosed an illness.

There are many misdiagnosis that could be considered an error, but. Even the most skilled and trained doctors make mistakes. Therefore, any claim of malpractice has to be backed by other elements like breach, proximate causality and actual injury. For instance If a doctor malpractice is not careful to sterilize their equipment prior to giving anesthesia, and the patient develops an infection in the process the doctor could be liable for malpractice.

Lawsuits that claim malpractice are usually filed in state trial courts where the alleged malpractice took place. Federal courts may, however, have jurisdiction in certain instances. For instance, a lawsuit may be brought in federal court if there is disputes over the time limit for filing a claim or when there is a significant variation in the citizenship of the parties to the case. In other cases, certain claims are settled through voluntary binding arbitration. This is a less formal process with professional decision makers. It is designed to cut costs, expedite legal proceedings and reduce the possibility of excessively generous juries. Arbitration is not available in all instances of malpractice.

The wrong dosage of medication

Medication errors, also referred as medication mistakes are among the leading causes of medical malpractice suits. These errors are caused by a doctor who has submitted prescriptions in the wrong format, or giving the patient the wrong dosage. These errors are usually avoidable. Depending on the circumstances the hospital or its staff, a pharmacist or other health care professionals could be held responsible for the harms suffered by a patient who was prescribed the wrong dosage of medication.

A doctor might prescribe the wrong medication to a patient as a result of an incorrect diagnosis or simply due to a misreading of the prescription. A health care professional may also administer the wrong dosage due to a breakdown in communication. For instance, a nurse may not read a doctor's prescription correctly or a pharmacist could make a mistake when filling the prescription. In other cases the doctor may delay the proper medication, which could cause the patient's condition to worsening.

In order to be successful in an action for malpractice, a victim must show that the medical professional acted in breach of their standard of care, and that the negligence directly caused their injuries. This requires testimony from a medical expert. A medical malpractice claim also must prove the extent and damages of the victim's injuries. This includes the cost of treatment and any wage loss. The more loss you suffer of the claim, the greater the value of the claim.

Wrong Procedure

It may seem impossible that medical professionals could perform the incorrect procedure on a patient, but this type of incident does occur. The surgeon who makes this error could be held liable for negligence. However those who are injured as a result of a surgical error can also be held accountable for any negligence that occurred along the way to the procedure.

Any health professional who is accused of misconduct must prove that the patient was injured by a specific act or omission to act. To prove this the legal team representing the patient must prove that: (1) the doctor was in an obligation to provide 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 causes damages that the legal system is able to deal with.

A breach of the duty of care is insignificant unless it causes injury, that's why medical malpractice (Http://xilubbs.xclub.tw/space.php?uid=931577&do=profile) claims are typically based on a legal doctrine called "res ipsa loquitur." This law says that, in the majority of cases, certain injuries are so obvious and unmistakable that they can only be explained through negligent acts.

Depending on the facts of the situation, the plaintiff (the patient or their legally designated representative) or their attorney can bring the case in state or federal court. The majority of malpractice cases are filed in state courts, however under certain circumstances, a medical malpractice case can be filed in federal district court.

Wrong Surgery

Wrong-site surgery is a rare error, but it may be considered medical malpractice when the procedure is performed on the wrong side of the body. This kind of error is typically the result of miscommunication between members of a surgical team, or production pressure that leads to the surgeon being assigned multiple surgeries at the same time. In these instances, the surgeon is not solely responsible for his or her responsibility for a surgical error that is not performed correctly due to an underlying legal principle referred to as "res ipsa loquitur" which means that the effect of the error is evident and can only be attributed to negligence.

If someone is injured during an improper procedure it is possible that the patient will require additional procedures in order to correct problems that were aggravated by the mistake. This can result in high medical expenses for patients as well as their families. This expense should be taken into consideration when calculating the financial impact of medical malpractice claims.

Surgeons are usually held liable for surgical errors as they are the ones who are responsible for properly preparing for the operation by double-checking patient's chart and medical records, coordinating effectively with other members of the medical team and making sure the incision is made on the correct site. In some cases an anesthesiologist or hospital could also be held accountable. Medical malpractice cases are typically filed in state courts. However, in certain situations they may be transferred to federal courts.