Common Causes of Malpractice Litigation

The process of bringing a malpractice lawsuit is a complex procedure. If an error is malpractice based on the ability of the patient to prove four legal elements which include professional duty; breach of this duty; harm caused by the breach and damages that can be quantifiable.

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

Incorrect diagnosis or failure to diagnose

Failure to correctly diagnose an injury or illness in a timely manner can lead to serious complications, or even death. It is a typical reason for medical malpractice. To show negligence, the patient or their lawyer must show that a qualified doctor in similar circumstances would not have misdiagnosed the condition.

Misdiagnosis doesn't always mean malpractice. Even highly skilled and experienced doctors can make mistakes. Therefore, any claim of malpractice must be backed up by other elements like breach, proximate reason and actual injury. For example, if a physician is not careful to clean their equipment prior the time they administer anesthesia and the patient suffers an infection in the process, the doctor could be guilty of malpractice.

Lawsuits alleging malpractice are typically filed in state trial courts where the alleged misconduct occurred. Federal courts can be able to handle the case in certain situations. For instance, a lawsuit could be filed in federal court if it is disputes over the time limit or if there is a substantial variation in the citizenship of the parties to the case. Some claims can be settled through voluntary binding arbitration. This is a less formal procedure involving professional decision makers that is intended to cut costs, expedite legal proceedings and reduce the possibility of excessively generous juries. However, arbitration is not accessible for all claims of malpractice.

The wrong dosage of medication

Medication errors are one of the most common causes of medical malpractice lawsuits. They can result from a doctor writing a prescription that is not correct or giving the wrong dosage to the patient. These errors are generally preventable. In the event of an incident the situation, a pharmacist, a hospital or other health care providers could be held accountable for injuries caused by a patient who received the wrong dosage of a drug.

A doctor may prescribe the incorrect medication to a patient as a result of an incorrect diagnosis or simply by misreading the prescription. A health professional could also administer the incorrect dosage due to a lapse in communication. For example nurses may not read a doctor's prescription correctly or a pharmacist might make a mistake when filling the prescription. In other instances, the physician may delay giving the correct medication, which could result in the patient's health worsening.

In order to be successful in a malpractice lawsuit, a victim must show that the medical professional did not meet their standard of care and that their negligence directly led to their injuries. This requires medical experts to be present. Medical malpractice cases also must establish the extent and damage of the victim's injuries. This includes the cost of treatment and any lost wages. Generally, the greater a loss is in the greater value of the claim will be.

Incorrect Procedure

It may seem impossible for medical professionals to perform the incorrect procedure on a patient, but this type of mishap occurs. If a surgeon makes this mistake could be held to be liable for bellevue malpractice lawyer. A patient who is injured as a result of an error during surgery can be held accountable for any negligence that occurred during the procedure.

Any health care professional who is accused of negligence must prove that the patient was hurt through a specific act or omission to act. To prove this, the legal team representing the patient must demonstrate: (1) that the doctor had a responsibility to provide treatment or care to the patient; (2) that he failed to fulfill his obligation; (3) that a causal link exists between the negligence and injury; and (4) the injury results in damages which the legal system may address.

A breach of the duty of care has no significance unless it causes injury that's why medical malpractice lawsuits are generally made based on a law known as "res ipsa loquitur." This law states that, in a majority of cases certain injuries are obvious and evident that they can only be explained by negligent acts.

Based on the facts, the plaintiff (the person who filed the claim or their legal representative) or their lawyer can decide to file a lawsuit in state or federal court. The majority of malpractice cases are filed in state court, however under limited circumstances, a medical malpractice lawsuit can be brought in federal district court.

Wrong Surgery

The procedure that is performed on the wrong site is not common, but can be considered medical malpractice when the procedure is done in the wrong place on your body. This type of error is typically the result of miscommunication between members of a surgical team or production pressure that leads to an individual surgeon being assigned multiple surgeries simultaneously. In these instances the surgeon isn't the only one with liability for a wrong-site surgery since there is an underlying legal principle referred to as "res ipsa loquitur" which means that the effect of the error speaks for itself and cannot be attributed to negligence.

When a patient is injured by wrong-site surgery the patient may require additional procedures to correct issues that were caused by the surgical error. This could result in expensive medical expenses for patients as well as their families. It is essential to take these costs into consideration when calculating the financial cost of medical malpractice lawsuits.

The majority of times, surgeons are held responsible for surgical mistakes. They are accountable to prepare the patient for the procedure, checking the medical records and charts of the patient, communicating with the medical personnel, and ensuring that the incision was placed in the proper location. However, in certain instances an anesthesiologist or hospital may be held accountable. Medical malpractice lawsuits are usually filed in state courts, but in certain situations, they can be transferred to federal courts.