Common Causes of Malpractice Litigation

The process of bringing a bryan malpractice lawsuit lawsuit is a complex procedure. Whether or not the error constitutes malpractice depends on whether the patient is able to prove four legal elements: a professional duty; breach of this duty; harm resulted from the breach and damages that can be quantifiable.

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

Incorrect diagnosis or failure to diagnose

Failure to diagnose an illness or injury accurately can cause serious complications, or even death. Misdiagnosis is a common reason for medical negligence. To prove negligence the patient or their attorney must demonstrate that a competent physician under similar circumstances and in the same field would not have misdiagnosed the condition.

A misdiagnosis is not always malpractice. Even highly trained and experienced doctors make mistakes, so an allegation of malpractice needs to be supported by other elements such as breach, proximate causation and actual injury. For instance when a doctor does not properly sterilize their equipment prior to giving anesthesia and the patient develops an infection in the process the doctor could be guilty of malpractice.

The majority of lawsuits involving malpractice are filed in state trial courts, where the alleged malpractice took place. However, federal courts may have jurisdiction under limited circumstances. For example, a claim could be filed in federal court if it is an issue regarding the statute of limitations or if there is a substantial diversity of citizenship of those involved in the dispute. In other cases, certain claims are settled through voluntary binding arbitration. This is a less formal procedure which involves professional decision makers and is intended to cut costs, expedite legal proceedings and remove the risk of overly generous juries. However, arbitration is not accessible for all claims of malpractice.

Dosage of a drug that is incorrect

Medication errors, also referred to as medication errors are among the leading causes of medical malpractice suits. These errors could be caused by a doctor who has submitted a prescription in a wrong format or giving the patient the wrong dosage. These mistakes are usually avoidable. In certain circumstances, a hospital staff member, a pharmacist or other health care providers may be held liable for the injuries sustained by a patient who was prescribed the wrong drug dosage.

A doctor could prescribe the wrong medication to a patient because of an incorrect diagnosis or simply because they misread the prescription. A health professional may also prescribe the wrong dosage due to an issue with communication, such as when the nurse reads the doctor's handwritten prescription incorrectly or the pharmacist commits an error in filling out the prescription. In other situations, a physician might delay the administration of the correct medication to the patient, which could result in their condition deteriorating.

A person who suffers from a medical malpractice claim must prove, to be successful in a malpractice lawsuit, that the medical professional violated their standard of practice and that their injuries were directly caused by the negligence. 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 wages lost. In general, the greater a loss is, the more valuable the claim will be.

Wrong Procedure

It may seem impossible that medical professionals could perform the wrong procedure on a patient however, this kind of thing is quite common. A surgeon who commits this error can be found responsible for malpractice. However patients who are injured as a result of a surgical error can also be held accountable for any negligence that occurred the process.

A health care professional who is accused of malpractice must demonstrate that the patient was injured as a result of an action or inability to perform the act. To establish this, the legal team of the patient has to prove: (1) that the doctor was required to care for or treat the patient; (2) that he failed to fulfill his obligation; (3) that a causal connection exists between the breach and the injury; and (4) the injury results in damages the legal system could address.

A breach of duty of care is no meaning unless it results in injury. This is the reason medical Martins Ferry Malpractice Law Firm cases are typically built on the legal principle "res ipsa locquitur," which says that certain injuries are so obvious they can only be explained through negligence.

Depending on the circumstances of the case, the plaintiff (the patient or their legally appointed representative) or their attorney may file the claim in state or federal court. The majority of malpractice cases are filed in state courts, however in certain situations the case of medical negligence can be brought to federal district court.

Wrong Surgery

The wrong-site surgery is a common error, but it can be considered medical malpractice when the procedure is performed on the wrong side of the body. This kind of error is usually the result of miscommunications between members of the surgical team, or pressures on production that result in a surgeon having several surgeries to perform at the same time. In these instances the surgeon isn't the only one with responsibility for a surgical error that is not performed correctly since there is a legal principle called "res ipsa loquitur" which means that the effect of the error speaks for itself and can be attributed to negligence.

When a patient is injured during surgery that is performed on the wrong site and is injured, they may require additional procedures to fix problems caused by the surgical error. Patients and their families are left with high medical bills. It is crucial to consider these costs when calculating the financial costs of medical malpractice claims.

Surgeons are usually found to be responsible for surgical mistakes because they are the individuals who are responsible for preparing for the operation by double-checking patient's chart and medical records, communicating effectively with the other members of the medical team, and making sure the incision is made on the correct site. In some instances the hospital or anesthesiologist may also be held responsible. Medical malpractice claims are generally filed in state court but may be transferred in certain circumstances to federal court.