10 Steps To Begin Your Own Malpractice Lawyers Business

Common Causes of Malpractice Litigation

The process of bringing a malpractice lawsuit is a complex procedure. If a patient can prove four elements, it will decide whether or not the error is malpractice. These are professional obligations and a breach of that duty; an injury resulting from the breach; and quantifiable damage.

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

Incorrect diagnosis or failure to diagnose

Inability to recognize an injury or illness in a timely manner can result in serious complications, or even death. A lot of medical malpractice cases involve misdiagnosis. To establish negligence, a patient or their lawyer must prove that an experienced doctor in similar circumstances would not have misdiagnosed the condition.

Not every misdiagnosis is negligence, but. Even highly skilled and experienced doctors make mistakes. Therefore, any claim of malpractice must be supported with other elements, such as breach, proximate cause or actual injury. If a doctor fails to sterilize his equipment prior to giving anesthesia, and the patient develops an infection because of this, the doctor may be held accountable.

Legal actions claiming malpractice are usually filed in state trial courts where the alleged misconduct occurred. Federal courts could, however, have jurisdiction in certain circumstances. For instance, a case could be filed in federal court if it involves disputes over the time limit for filing a claim or when there is a significant variety of citizenship among those involved in the dispute. Certain disputes are settled through arbitration that is binding and voluntary. This is a less formal procedure that involves professional decision makers. It is designed to minimize expenses, speed up the legal process, and remove the risk associated with overly large juries. Arbitration is not always available in cases of malpractice lawyers.

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 prescribing the wrong medication or giving the wrong dosage to a patient. These errors are usually avoidable. Based on the circumstances the hospital, its staff, a pharmacist or other health professionals may be held liable for the injuries suffered by patients who were given the wrong dosage of medication.

A doctor may prescribe the incorrect medication to a patient as a result of an inaccurate diagnosis or simply because he/she misreads the prescription. A health professional can also administer the incorrect dosage because of a glitch in communication. For example nurses might take a doctor's prescription and read it incorrectly or a pharmacist could fail to fill the prescription. In other cases, a doctor could delay administering the correct medication to the patient, which could result in their condition worsening.

In order to be successful in a malpractice lawsuit, a victim must demonstrate that the medical professional did not meet their standard of care and that the negligence directly contributed to the injuries. This requires medical expert testimony. Additionally, a medical malpractice case must establish the severity of a victim's injuries and the damages they suffered because of the negligence. This includes the costs of treatment for a patient and any wages lost. The greater the loss, the higher the value of the claim.

Wrong Procedure

This type of incident is not uncommon. It might seem impossible for medical professionals to perform the incorrect procedure on patients, however, it is a reality. A surgeon who makes this mistake can be held accountable for malpractice. A patient who suffers injury because of an error during surgery can be held responsible for any error that occurred 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 failure to perform the act. To establish this, the legal team representing the patient must show: (1) that the doctor was obligated to provide care or treat the patient; (2) that he breached that duty; (3) that a causal link exists between the negligence and injury; and (4) the injury results in damages the legal system can address.

A breach of the duty of care is insignificant unless it causes injury, that's why medical malpractice claims are usually built on a legal concept known as "res ipsa loquitur." This law says that, in many instances, certain injuries are so obvious and evident that they cannot be explained except by negligent acts.

Depending on the facts of the case, the plaintiff (the patient or their legally designated representative) or their lawyer may make the claim in a federal or state court. The majority of malpractice cases are filed in state courts, however under certain circumstances, a medical malpractice lawsuit could be filed in federal district court.

Wrong Surgery

Surgery performed on the wrong site is a very rare error, but it can be considered medical negligence if the procedure is performed on the wrong area of the body. This kind of error usually occurs as the result of miscommunication between members of a surgical team or production pressure that leads to a surgeon being assigned multiple surgeries at the same time. In these instances the surgeon is not solely responsible for an incorrect-site procedure due to a legal rule known as "res ipsa locquitur" which says that the result is a matter of fact and cannot be blamed on negligence.

If the patient is injured during an incorrect procedure the patient may require additional procedures to rectify problems that were made worse by the mistake. Patients and their families are left with expensive medical bills. These expenses should be taken into consideration when calculating the financial impact of medical malpractice claims.

Surgeons are typically held liable for surgical errors because they are the individuals who are responsible for properly making preparations for the operation, double-checking the patient's chart and medical records, coordinating effectively with the other members of the medical team, and making sure the incision is made on the correct site. However, in certain instances hospitals or anesthesiologists may also be held responsible. Medical malpractice claims are typically filed in state court however, they can be transferred under certain circumstances to federal court.