Common Causes of Malpractice Litigation

Malpractice litigation involves a complex process. If a patient can prove four elements, it will determine whether or not the error is a case of malpractice. These are professional obligation; a breach of that duty; a loss resulting from this breach; and measurable damages.

Plaintiffs must also demonstrate these elements with evidence such as expert testimony, depositions and discovery.

Misdiagnosis and Failure to Diagnose

Inability to recognize an injury or illness accurately could lead to serious complications, or even death. Many medical malpractice - reviews over at Woodspock, cases involve mistakes in diagnosis. To establish negligence, a patient or their lawyer must show that a seasoned doctor in similar circumstances would not have misdiagnosed the condition.

A misdiagnosis is not always negligence. Even highly trained and experienced doctors make mistakes, and the claim of malpractice attorney must be supported by other factors such as breach, proximate causation, and actual injury. If a physician fails to sterilize his equipment before administering anesthesia and the patient is infected as a result of this, the doctor could be found to be negligent.

In the majority of cases, lawsuits that allege malpractice will be filed in the state trial court where the malpractice was alleged to have occurred. However, federal courts could have jurisdiction under limited circumstances. For instance, a case could be filed in federal court if it is an issue regarding the statute of limitations or in the event of a significant diversity of citizenship of the parties to the case. In other cases, certain claims are settled through voluntary binding arbitration. This is a less formal process which involves professional decision makers and is designed to cut costs, speed up legal proceedings and reduce the possibility of excessively generous juries. Arbitration is not available in all cases of malpractice.

Dosage for a drug that is not correct

Medication errors, also known as medication errors, malpractice are one of the most common causes of medical malpractice suits. They can be the result of a doctor writing a prescription that is not correct or delivering the wrong dose to the patient. These errors are often preventable. Based on the circumstances an individual pharmacy, hospital or other health care providers could be held responsible for injuries caused by a patient who was given the wrong dosage of a drug.

A doctor may prescribe the wrong medication to a patient because of an inaccurate diagnosis or simply by misreading the prescription. A health professional could also prescribe the wrong dosage due to an issue with communication like when nurses read a doctor's handwritten script incorrectly or the pharmacist makes an error in filling out the prescription. In other cases the doctor might delay the proper medication, which can lead to the patient's condition worsening.

A plaintiff must prove in order to prevail on a malpractice claim that the medical professional violated their professional standards and that their injuries were directly attributed to the negligence. This requires testimony from a medical expert. A medical malpractice case must prove the severity and damage of the victim's injuries. This includes the cost of treatment as well as any lost wage. The greater loss is and the greater the value of the claim will be.

Incorrect Procedure

This kind of situation is not uncommon. It may seem impossible for medical professionals to carry out the incorrect procedure on patients, however, it is a reality. If a surgeon makes this mistake could be held liable for negligence. A patient who suffers injury as a result of an error in surgery could be held accountable for any mistakes that were made during the procedure.

A medical professional accused of malpractice must demonstrate that the patient was injured because of a specific act, or inability to act. To establish this the legal team representing the patient must prove that (1) the doctor was under an obligation to provide treatment or treatment; (2) that the doctor violated that duty; (3) that there is a direct and causal connection between the breach and the injury; and malpractice (4) that the injury results in damages that the legal system could address.

A breach of duty of care has no significance unless it results in injury. This is the reason why medical malpractice cases tend to be dependent on the lawful doctrine "res ipsa locquitur" which states that certain injuries are so obvious that they can only be explained through negligence.

Depending on the facts of the situation, the plaintiff (the patient or their legally designated representative) or their lawyer may make the claim in a state or federal court. The majority of malpractice cases are filed in state court. However, under limited circumstances, a medical malpractice lawsuit can be filed in federal district court.

Wrong Surgery

The wrong-site surgery is rare, but can be considered medical malpractice lawyers if the procedure is performed in the wrong place on your body. This type of error is often due to miscommunication between members of a surgical team, or production pressure that leads to the surgeon being tasked with multiple surgeries simultaneously. In these cases the surgeon isn't the only one with responsibility for a surgery that was performed on the wrong site because there is the legal principle known as "res ipsa loquitur" which means that the effect of the error is evident and can only be attributed to negligence.

When a patient is injured due to surgery performed on the wrong site and is injured, they may require additional procedures to fix problems caused by the mistake. Patients and their families are left with expensive medical bills. It is important to take these costs into account when calculating the financial costs of medical malpractice claims.

The majority of times, surgeons are held responsible for surgical mistakes. They are responsible in preparing the patient for the procedure, examining the medical records and chart of the patient, coordinating with the rest of the medical team, and ensuring that the incision was placed at the right place. However, in some instances hospitals or anesthesiologists may also be held responsible. Medical malpractice cases are usually filed in state court but may be transferred in certain circumstances to federal court.