The Secret Life Of Malpractice Lawyers

Common Causes of Malpractice Litigation

Malpractice litigation involves a complex procedure. The question of whether or not the error constitutes malpractice depends on the ability of the patient to prove four legal elements: a professional duty; breach of this duty; harm resulted from the breach and damages that can be quantifiable.

Plaintiffs must also prove these elements by presenting evidence like expert testimony, depositions, or discovery.

Incorrect diagnosis or failure to diagnose

Failure to identify an illness or injury accurately can cause serious complications, or even death. It is a typical reason for medical malpractice. To prove negligence the patient or their attorney must prove that a competent doctor under similar circumstances and in the same specialty would not have misdiagnosed the condition.

The misdiagnosis of a patient does not always mean negligence. Even experienced and highly trained doctors make mistakes. Therefore, any claim of malpractice has to be backed by other factors like breach, proximate cause or actual injury. If a physician fails to sterilize his equipment prior the time he administers anesthesia, and the patient gets infected because of this, the doctor could be found to be negligent.

Lawsuits alleging malpractice are typically filed in state trial courts where the alleged malpractice occurred. However, federal courts could be able to hear cases in specific circumstances. For instance, a claim may be brought in federal court in the event of the interpretation of the time limit or if there is a substantial difference in citizenship among the parties in the case. Some claims can be resolved through binding arbitration that is voluntary. This is a less formal process which involves professional decision makers and is intended to save costs, speed up legal proceedings and eliminate the possibility of excessively generous juries. Arbitration is not available in all cases of malpractice.

The wrong dosage of medication

Medication errors, also known as medication mistakes are among the main causes of medical malpractice lawsuits. They can result from a doctor prescribing a prescription in error or delivering the wrong dose to a patient. These errors are generally preventable. Based on the circumstances the situation, a pharmacist, a hospital or malpractice lawyer other health care providers could be held responsible for the harm caused by a patient who was given the wrong dosage of a medication.

A doctor may prescribe the wrong medication to a patient because of an inaccurate diagnosis or simply because he/she misreads the prescription. A health care provider can also give the wrong dosage due to a failure in communication. For example nurses might not read a doctor's prescription correctly or a pharmacist might make an error when filling the prescription. In other instances the doctor might delay giving the correct medication, which can cause the patient's illness to getting worse.

In order to be successful in a malpractice case, the victim must show that the medical professional did not meet their standard of care and that the negligence directly caused the injuries. This requires medical experts to be able to testify. Additionally, a medical malpractice case must demonstrate the extent of the victim's injuries and the damages they sustained because of the negligence. This includes the cost of treatment for a patient and any wages lost. The greater person's losses are then, the more valuable the claim will be.

Incorrect Procedure

This type of incident is not unusual. It may seem impossible for medical professionals to carry out the incorrect procedure on patients, however, it is a reality. A surgeon who commits the mistake could be held liable for negligence. However those who are injured as a result of a surgical error could also be held accountable for any negligence that occurred on the process.

Any health professional who is accused of negligence must show that the patient was hurt through a specific act or failure to act. To prove this the legal team of the patient must prove that: (1) the doctor was under the obligation to provide medical care or treatment; (2) that the doctor breached this duty; (3) that there is a direct causal connection between the breach and the injury and (4) that the injury causes damages that the legal system is able to address.

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

Depending on the facts depending on the facts, the plaintiff (the person who filed the claim, or their legal representative) or their attorney may decide to file a lawsuit either in state or federal court. The majority of malpractice cases are filed in state court. However, in certain circumstances the medical malpractice lawsuit can be filed in federal district court.

Wrong Surgery

A wrong-site procedure is a rare error, but it can be considered medical Malpractice lawyer if the procedure is performed on the wrong part of the body. This kind of error is often due to miscommunication between the members of a surgical team, malpractice lawyer or production pressure that results in the surgeon being tasked with multiple surgeries simultaneously. In these cases, the surgeon is not alone in his or her responsibility for a surgery that was performed on the wrong site since there is an underlying legal principle referred to as "res ipsa loquitur" which means that the effect of the error is evident and can be attributed to negligence.

If an individual is injured in an operation that was performed on the wrong site it is possible that the patient will require additional procedures to fix problems that were made worse by the mistake. Patients and their families are left with high medical bills. These costs should be taken into consideration when calculating the financial impact of medical malpractice lawsuits.

Surgeons are often held accountable for surgical errors because they are the ones who are responsible for properly preparing for the operation and double-checking the patient's medical chart and medical records, coordinating 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 could also be held accountable. Medical malpractice claims are generally filed in state courts. However, in certain situations they may be transferred to federal courts.