Are Malpractice Lawyers The Best Thing There Ever Was?

Common Causes of Malpractice Litigation

The legal process for defending malpractice is a complex procedure. If a patient is able to prove four elements, it will decide whether or not the mistake is malpractice. These are the following: a professional obligation; a breach of that obligation; an injury that results from the breach; and measurable damage.

Plaintiffs must also prove the elements by using evidence like expert testimony and depositions.

Undiagnosed or Incorrectly Diagnosed

The inability of a doctor to accurately diagnose an illness or injury could lead to serious complications or even death. Many medical malpractice cases involve mistakes in diagnosis. To prove negligence, a person or their lawyer must show that a skilled doctor in similar circumstances would not have misdiagnosed the condition.

Misdiagnosis doesn’t always mean negligence. Even the most skilled and trained doctors make mistakes. Therefore, any claim of malpractice has to be supported by other elements such as breach, proximate causation and actual injury. For example If a doctor is not careful to sterilize their equipment before administering anesthesia and the patient suffers an infection because of it, the doctor could be liable for malpractice.

In most instances, lawsuits claiming that there was a mistake will be filed in the state trial court in which the alleged error occurred. However, federal courts could be able to hear cases in specific circumstances. For example, a claim could be filed in federal court if it is an issue regarding the time limit or if there is a substantial difference in citizenship among the parties to the case. Certain disputes are settled through binding arbitration. This is a less-formal process which involves professionals who make the decisions. It is designed to reduce expenses, speed up the legal proceedings, and eliminate the risk of overly large juries. However, arbitration isn’t available for all claims of malpractice.

The wrong dosage of medication

Medication errors, also known as medication mistakes, are one of the main causes of medical malpractice lawsuits. They can be caused by a physician writing a prescription that is not correct or delivering the wrong dose to patients. These mistakes are usually avoidable. Based on the circumstances the hospital, its staff, a pharmacist or other health professionals may be held liable for the harms suffered by the patient who received the wrong dosage of a drug.

A doctor may prescribe the incorrect medication to a patient because of an incorrect diagnosis or simply because they misread the prescription. A health care provider can also give the wrong dosage due to a failure in communication. For instance nurses might take a doctor’s prescription and read it incorrectly or a pharmacist may fail to fill the prescription. In other cases doctors may delay the proper medication to the patient, resulting in their condition worsening.

To be successful in an action for malpractice, a victim must prove that the medical professional acted in breach of their standards of care and that the negligence directly contributed to their injuries. This requires medical experts to be able to testify. Medical malpractice cases also must establish the extent and damage of the victim’s injuries. This includes the cost of treatment as well as any lost wages. The more money you lose the greater the value of the claim.

Wrong Procedure

It’s not likely that medical professionals could perform the wrong procedure on a patient however, this kind of thing is quite common. The surgeon who makes this error could be held liable for malpractice. A patient who is injured due to an error during surgery may be held accountable for any mistakes that were made during the procedure.

A health care professional who is accused of negligence must prove that the patient was injured as a result of an action or inability to take action. To prove this the legal team representing the patient must prove that (1) the doctor was in an obligation to provide treatment or treatment; (2) that the doctor breached this duty; (3) that there is a direct causal relationship between the breach and the injury; and (4) that the injury results in damages which the legal system has the power to deal with.

A breach of duty of care has no meaning unless it result in injury. This is the reason why medical malpractice cases tend to be founded on the legal doctrine «res ipsa locquitur» which says that certain injuries are so obvious they can be explained only by negligence.

Based on the facts of the case, the plaintiff (the patient or their legally appointed representative) or their lawyer may bring the case in state or federal court. The majority of malpractice lawyer cases are filed in state court. However, in certain situations medical malpractice lawsuits could be filed in federal district court.

Wrong Surgery

The wrong-site procedure is rare but it can be considered medical malpractice if the procedure is performed in the wrong area of your body. This type of error is usually the result of miscommunications between the surgical team or production pressures that result in a surgeon having several surgeries to perform at the same time. In these situations, the surgeon is not all-in on his liability for a wrong-site surgery due to an underlying legal principle referred to as «res ipsa loquitur» which means that the result of the error is evident and can only be attributed to negligence.

If a patient gets injured as a result of surgery done on the wrong location it is possible that he or she will require additional procedures to correct problems caused by the mistake. This leads to costly medical bills for patients and their families. These expenses must be considered when calculating the financial consequences of medical malpractice claims.

Surgeons are often found to be responsible for surgical mistakes because they are the ones who are responsible for properly preparing for the operation as well as double-checking the patient’s charts and medical records, coordinating effectively with the other members of the medical team and making sure the incision is placed at the right place. In some instances the hospital or anesthesiologist can also be held liable. Medical malpractice cases are typically filed in state courts, however, under certain circumstances they may be transferred to federal courts.