The Secret Life Of Malpractice Lawyers

Common Causes of Malpractice Litigation

Malpractice litigation is a tense procedure. Whether or not the error constitutes malpractice depends on whether the patient is able to prove four legal elements which include 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 such as expert testimony, depositions and discovery.

Incorrect diagnosis or failure to diagnose

A physician's inability to correctly diagnose an illness or malpractice lawsuits injury could lead to grave complications, or even death. Incorrect diagnosis is a common reason for medical negligence. To prove negligence the patient or their attorney must prove that a competent doctor in similar circumstances and in the same area would not have misdiagnosed the condition.

There are many misdiagnosis that could be considered negligence, but. Even the most experienced and highly trained doctors make mistakes, therefore an allegation of malpractice needs to be backed by other elements such as breach, proximate causality and actual injury. If a doctor fails to sterilize his equipment prior the time he administers anesthesia, and the patient is infected because of this, he could be held accountable.

In most cases, lawsuits alleging malpractice will be filed in the state trial court in which the alleged error occurred. However, federal courts may be able to hear cases in specific circumstances. A case can be brought before federal court in certain circumstances. For example it could involve disputes over the statute of limitations or in the event that the parties have different nationalities. Certain claims are settled through arbitration that is binding and voluntary. This is a less formal process that involves professional decision makers. It is designed to minimize costs, expedite the legal proceedings, and eliminate the risk associated with overly generous juries. Arbitration is not accessible in all cases of malpractice.

Dosage for a drug that is not correct

Medication errors, often referred to as medication mistakes, are one of the most common causes of medical malpractice lawsuits. They can involve a physician prescribing the wrong medication or delivering the wrong dose to a patient. These errors are often preventable. In certain circumstances the hospital or its staff, pharmacist or other health professionals could be held accountable for the harms suffered by a patient who was prescribed the wrong drug dosage.

A doctor could prescribe the wrong medicine because of a misdiagnosis, or simply misreading the prescription. A health care provider may also administer the wrong dosage because of an inability to communicate like when the nurse reads the doctor's handwritten prescription incorrectly or the pharmacist commits an error in filling out the prescription. In other cases the doctor may delay the administration of the correct medication, which could cause the patient's condition to getting worse.

In order to be successful in a malpractice lawsuit, a victim must establish that the medical professional breached their standard of care and that the negligence directly contributed to their injuries. This requires the testimony of a medical expert. Furthermore, a medical negligence case must establish the severity of the injuries suffered by a victim and the damages they sustained because of the negligence. This includes the cost of treatment as well as any lost wage. The greater person's losses are and the greater the value of the claim will be.

The wrong procedure

This kind of incident is not unusual. It may seem like a challenge for medical professionals to perform the wrong procedure on patients however, it is a reality. If a surgeon makes this error can be found to be liable for malpractice. However those who are injured as a result of a surgical error may also be held liable for any negligence that occurred on the path to the procedure.

A health care professional accused of negligence must prove that the patient was injured as a result of an act or inability to act. To prove this the legal team representing the patient must show: (1) that the doctor was legally obligated to care for or treat the patient; (2) that he failed to fulfill his obligation; (3) that a causal link exists between the breach and the injury and (4) the harm results in damages that which the legal system may address.

A breach of the duty of care is not relevant unless it causes injury which is the reason medical malpractice claims are usually made based on a law known as "res ipsa loquitur." This law says that, in a lot of instances, certain injuries are so evident and obvious that they cannot be explained except by negligence.

Depending on the facts of the case, the plaintiff (the patient or their legally appointed representative) or their attorney could make the claim in a federal or state court. Most malpractice cases are filed in state court. However, in certain situations medical malpractice lawsuits can be brought in federal district court.

Wrong Surgery

Wrong-site surgery is a rare error, but it could be considered medical negligence if the procedure is performed on the wrong part of the body. This kind of error Malpractice Lawsuits is often caused by miscommunications between the surgical team, or production pressures that result in the surgeon performing multiple surgeries at once. In these cases the surgeon isn't the only one with liability for a wrong-site surgery because there is an underlying legal principle referred to as "res ipsa loquitur" which means that the result of the error is evident and cannot be attributed to negligence.

If a patient is injured during an incorrect procedure the patient may require additional procedures to fix problems that were made worse by the mistake. This results in costly medical bills for patients and their families. These expenses must be taken into consideration when calculating the financial consequences of medical malpractice lawsuits.

Surgeons are most often found to be responsible for surgical mistakes since they are the ones who are accountable for getting ready for the procedure as well as double-checking the patient's charts and medical records, communicating effectively with other members of the medical team, and making sure that the incision has been placed at the right place. However, in certain instances an anesthesiologist or a hospital could also be liable. Medical malpractice claims are usually filed in state courts, however, under certain circumstances they may be transferred to federal courts.