Common Causes of Malpractice Litigation

Malpractice litigation involves a complex procedure. The question of whether or not an error is malpractice based on the ability of the patient to prove four legal elements: a professional duty; breach of this duty; injury resulting from the breach; and the possibility of quantifiable damages.

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

Incorrect diagnosis or failure to diagnose

Failure to identify an injury or illness in a timely manner can result in serious complications, or death. Incorrect diagnosis is a common reason for medical Flint Malpractice Attorney. To prove negligence, the patient or their attorney must show that a competent doctor under similar circumstances and in the same area would not have misdiagnosed the condition.

There are many misdiagnosis that could be considered malpractice, however. Even the most skilled and trained doctors make mistakes, so the claim of malpractice must be supported by other elements such as breach, proximate causation, and actual injury. If a doctor fails sterilize his equipment prior to administering anesthesia, and the patient becomes infected as a result of this, he could be held accountable.

The majority of lawsuits involving malpractice are filed in state trial courts where the alleged misconduct occurred. However, federal courts could be able to hear cases in specific circumstances. A case can be brought before federal court in certain circumstances. For instance it could involve a dispute about a statute of limitation or if the parties are of different citizenships. In other cases, certain claims are settled through voluntary binding arbitration. This is a less formal process involving professional decision makers that is designed to cut costs, expedite legal proceedings and eliminate the possibility of excessively generous juries. Arbitration is not accessible in all cases of misconduct.

Dosage of a drug that is incorrect

Medication errors--also called medication mistakes--are one of the main causes of medical malpractice lawsuits. They can be caused by a physician prescribing a prescription in error or administering the wrong dosage to patients. These mistakes are usually avoidable. Based on the circumstances, a pharmacy, a hospital or other health care providers could be held accountable for the injuries resulting from an individual who took the wrong dosage of a drug.

A doctor could prescribe wrong medication to a patient as a result of an incorrect diagnosis or simply by misreading the prescription. A health professional could 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 could have a mistake while filling the prescription. In other instances the doctor could delay giving the correct medication, which could cause the patient's illness to getting worse.

In order to be successful in an action for malpractice, a victim must demonstrate that the medical professional acted in breach of their standards of care and that negligence directly caused their injuries. This requires medical expert testimony. A medical malpractice case also must establish the extent and severity of the victim's injuries. This includes the cost of treatment as well as any lost wages. In general, the greater a person's losses are and the greater the value of the claim will be.

The wrong procedure

It may seem impossible that medical professionals would carry out the incorrect procedure on a patient but this type of incident occurs. A surgeon who commits this error could be held accountable for malpractice. However, a patient who is injured as a result of a surgical error could also be held responsible for any negligence that occurred along the way to the procedure.

Any health professional who is accused of misconduct must show that the patient was hurt by a specific action or inaction. To prove this, the legal team of the patient must prove: (1) that the doctor had a responsibility to treat or provide care to the patient; (2) that he violated his duty; (3) that a causal connection exists between the breach and the injury; and (4) the injuries result in damages that the legal system could address.

A breach of the duty of care is insignificant unless it causes injury, this is why medical malpractice lawsuits are generally founded on a legal principle known as "res ipsa loquitur." This law says that, in a lot of instances, certain injuries are so obvious and unmistakable that they can only be explained by negligence.

Based on the facts of the case, the plaintiff (the patient or their legally appointed representative) or their attorney may bring the case in federal or state court. The majority of malpractice cases are filed in state courts, however under limited circumstances the medical malpractice lawsuit can be brought in federal district court.

Wrong Surgery

The wrong-site surgery isn't common, but can be considered medical malpractice when the procedure is done in the wrong location of your body. This type of mistake is usually caused by a lack of communication between members of the surgical team, or due to production pressures that result in a surgeon having several surgeries to perform at the same time. In these situations the surgeon isn't all-in on his responsibility for a surgical error that is not performed correctly because there is a legal rule known as "res ipsa loquitur" which means that the consequence of the error speaks for itself and can only be attributed to negligence.

If a patient gets injured by wrong-site surgery and is injured, they may require additional procedures to repair issues that were caused due to the surgical error. Patients and their families are left with expensive medical bills. These costs should be considered when calculating the financial impact of medical red wing malpractice attorney claims.

Surgeons are usually accountable for surgical errors as they are the ones who are responsible for properly preparing for the operation and double-checking the patient's medical chart and medical records, communicating effectively with the other members of the medical team, and making sure that the incision is located at the correct location. In some instances the hospital or anesthesiologist can also be held liable. Medical malpractice claims are usually filed in state courts, but in certain situations, they can be transferred to federal courts.