Common Causes of Malpractice Litigation

Malpractice litigation is a complicated procedure. If a patient can prove four factors, it will determine whether or not the error is malpractice. These are professional obligation and a breach of that duty; an injury resulting from this breach; and measurable damages.

Plaintiffs must also prove these elements through evidence like expert testimony, depositions, and discovery.

The wrong diagnosis or the inability to diagnose

Failure to diagnose an injury or illness accurately can lead to serious complications, or even death. It is a typical cause of medical malpractice. To prove negligence, a patient or their lawyer must show that an experienced doctor in similar circumstances would not have misdiagnosed a problem.

Misdiagnosis does not always constitute malpractice. Even highly-trained and experienced doctors can make errors. Therefore, any claim for malpractice must be backed by other factors, such as breach, proximate reason and actual injury. For example, if a physician does not take the time to sterilize their equipment before administering anesthesia and the patient develops an infection as a result the doctor may be guilty of alamosa malpractice lawyer.

In the majority of cases, lawsuits alleging malpractice will be filed in the state trial court in which the malpractice was alleged to have occurred. Federal courts could, however, have jurisdiction in certain situations. For example, a claim may be brought in federal court if there is a dispute over a statute of limitations or when there is a significant variety of citizenship among the parties in the case. Alternatively, some claims are settled through voluntary binding arbitration. This is a less formal process with professional decision makers. It is designed to cut costs, expedite legal proceedings and eliminate the risk of overly generous juries. Arbitration is not available in all instances of misconduct.

Dosage for a drug that is not correct

Medication errors--also called medication mistakes--are one of the most common causes of medical malpractice lawsuits. These errors could be caused by a doctor writing a prescription in the wrong format, or giving the patient the wrong dosage. These mistakes are usually avoidable. In certain circumstances, a hospital, its staff, a pharmacist or other health care providers could be held accountable for the injuries of the patient who received the wrong dosage of a drug.

A doctor could prescribe the wrong medication because of a misdiagnosis or by simply failing to read the prescription. A health care professional may also give the wrong dosage due to a failure in communication. For example the nurse might take a doctor's prescription and read it incorrectly or a pharmacist could have a mistake while filling the prescription. In other situations, a doctor could delay the proper medication to the patient, resulting in the patient's condition getting worse.

A victim must prove, for the sake of winning a malpractice claim that the medical professional breached their professional standards and that their injuries were directly attributed to the negligence. This requires medical experts to provide evidence. A medical malpractice case must establish the extent and damages of the victim's injuries. This includes the costs of treatment for the victim as well as any wages lost. The more the loss of the claim, the greater the value of the claim.

Incorrect Procedure

It might seem absurd that medical professionals would carry out the wrong procedure on a patient however, this type of event occurs. The surgeon who commits this error can be found to be liable for malpractice. However the patient who is injured by a surgical mistake can also be held accountable for any negligence that occurred on the way to the procedure.

A health care professional accused of negligence must prove that the patient was injured due to a specific act, or failure to perform the act. To prove this the legal team of the patient has to prove: (1) that the doctor was legally obligated to provide treatment or care to the patient; (2) that he did not fulfill that duty; (3) that a causal link exists between the breach and the injury and (4) the injuries result in damages that the legal system can deal with.

A breach of the duty of care has no significance unless it causes injury which is why medical norcross malpractice lawsuit claims are usually made based on a law called "res ipsa loquitur." This law says that, in many instances certain injuries are evident and obvious that they cannot be explained except by negligent acts.

Based on the facts of the situation, 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 cases are filed with state courts, Vimeo however in certain circumstances, a medical negligence lawsuit may be filed in federal district court.

Wrong Surgery

The wrong-site surgery is a common error, but it could be considered medical negligence if the procedure is performed on the wrong area of the body. This type of error is usually caused by a lack of communication between members of the surgical team or pressures on production that result in a surgeon having multiple surgeries at once. In these cases the surgeon isn't the only one with responsibility for an incorrect-site procedure due to a legal principle called "res ipsa loquitur" which means that the result of the error is evident and cannot be attributed to negligence.

If a patient is injured as a result of surgery done on the wrong location it is possible that he or she will require additional procedures to fix problems caused by the surgical mistake. Patients and their family members are left with hefty medical bills. These costs should be taken into consideration when calculating the financial impact of medical malpractice lawsuits.

The majority of times, surgeons are held responsible for surgical mistakes. They are accountable for preparing the patient for the procedure, checking the chart and medical records of the patient, coordinating with the medical team, and ensuring that the incision was placed at the right place. In some instances an anesthesiologist or hospital can also be held liable. Medical malpractice claims are typically filed in state courts, but can be transferred under certain circumstances to federal court.