Common Causes of Malpractice Litigation

Malpractice litigation is a complicated process. The question of whether or not an error is considered to be malpractice is dependent on the ability of the patient to establish four legal elements which include professional duty and breach of this duty; injury resulting from the breach; and tangible damages.

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

Incorrect diagnosis and failure to diagnose

A physician's inability to accurately diagnose a disease or injury can lead to grave complications, or even death. The misdiagnosis of a patient is a frequent cause of medical negligence. To prove negligence the patient or their attorney must demonstrate that a competent doctor in similar circumstances and working in the same specialty would not have misdiagnosed the condition.

There are many misdiagnosis that could be considered woodburn malpractice lawsuit, however. Even highly trained and experienced doctors make mistakes, so an allegation of malpractice needs to be supported by other factors like breach, proximate causality and actual injury. For instance when a doctor is not careful to sterilize their equipment prior to giving anesthesia, and the patient develops an infection as a result, the doctor could be liable for malpractice.

In the majority of instances, lawsuits claiming malpractice will be filed in the state trial court where the malpractice was alleged to have occurred. Federal courts could be able to handle the case in certain instances. For instance, a case may be brought in federal court if there is an issue regarding the statute of limitations or when there is a substantial variation in the citizenship of the parties to the case. Certain claims are settled through binding arbitration. This is a less formal process with professional decision makers. It is designed to cut costs, expedite legal proceedings and remove the possibility of excessively generous juries. However, arbitration isn't available for all claims of malpractice.

The wrong dosage of medication

Medication errors, also referred as medication errors are among the most common causes of medical malpractice lawsuits. These errors can be caused by a physician submitting a prescription in the wrong format, or giving the patient the wrong dosage. These mistakes are usually avoidable. According to the circumstances the situation, a pharmacist, a hospital or other health care providers could be held accountable for injuries caused by patients who were given the wrong dosage of a drug.

A doctor could prescribe the wrong medication to a patient as a result of an incorrect diagnosis or simply because he/she misreads the prescription. A health professional could also administer the wrong dosage due to an issue with communication like when the nurse reads the doctor's handwritten script in error or the pharmacist is mistaken in filling out the prescription. In other cases the doctor might delay giving the correct medication, which can lead to the patient's condition worsening.

To be successful in a malpractice case, the victim must demonstrate that the medical professional violated their standard of care and that the negligence directly contributed to their injuries. This requires medical expert testimony. A medical malpractice case also must prove the extent and severity of the victim's injuries. This includes the costs of a person's treatment and any lost wages. The more the loss is, the more valuable of the claim.

Incorrect Procedure

It might seem absurd that medical professionals would perform the wrong procedure on a patient, however, this kind of thing can occur. A surgeon who commits this mistake could be held accountable for negligence. However those who are injured by a surgical mistake could also be held accountable for any negligence that occurred during the way to the procedure.

A health care professional accused of negligence must prove that the patient was injured because of an action or inability to act. To prove this the legal team representing the patient must prove: (1) that the doctor had a responsibility to provide treatment or care to the patient; (2) that he breached that duty; (3) that a causal connection exists between the breach and injury and (4) the injuries result in damages that the legal system could address.

A breach of duty of care has no value unless it results in injury. This is the reason why medical malpractice cases are often founded on the legal doctrine "res ipsa locquitur," which states that certain injuries are so obvious that they can be explained only through negligence.

Based on the circumstances the plaintiff (the person who filed the claim, or their legal representative) or their attorney may choose to file in federal or state court. The majority of malpractice cases are filed in state courts, however in certain situations the medical negligence lawsuit can be brought to federal district court.

Wrong Surgery

The wrong-site procedure is rare but it can be considered medical malpractice when the procedure is performed in the wrong area of your body. This type of error is usually caused by a lack of communication between members of a surgical team, or production pressure that results in a surgeon being assigned multiple surgeries simultaneously. In these instances, the surgeon is not the only one with responsibility for a surgical error that is not performed correctly since there is an underlying legal principle referred to as "res ipsa loquitur" which means that the consequence of the error speaks for itself and can be attributed to negligence.

If someone is injured during an operation that was performed on the wrong site and is injured, they may require additional procedures in order to correct issues that were caused due to the error. Patients and their families are left with costly medical bills. These expenses must be considered when calculating the financial consequences of medical malpractice claims.

Surgeons are typically found to be responsible for surgical mistakes as they are the ones who are responsible for prepping for the operation, double-checking the patient's chart and medical records, coordinating effectively with the other members of the medical team, Lawyers and making sure that the incision is located at the correct location. However, in some instances an anesthesiologist or a hospital could also be liable. Medical lapeer malpractice attorney cases are usually filed in state court, but may be transferred in certain circumstances to federal court.