Common Causes of Malpractice Litigation

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

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

The wrong diagnosis and the inability to recognize

Failure to diagnose an illness or injury accurately can cause serious complications, or death. It is a typical reason for medical malpractice. To prove negligence, the patient or their lawyer must demonstrate that a competent doctor under similar circumstances and in the same area would not have misdiagnosed the condition.

It is not always a case of an error, but. Even experienced and highly trained doctors can make errors. Therefore, any claim for malpractice must be backed by other elements, such as breach, proximate reason and actual injury. If a doctor does not sterilize his equipment prior the time he administers anesthesia, and the patient is infected due to this, he could be found to be negligent.

Lawsuits that claim malpractice are usually filed in state trial courts where the alleged misconduct occurred. Federal courts can however have jurisdiction in certain circumstances. For instance, a lawsuit could be filed in federal court if it involves an issue regarding the statute of limitations or in the event of a significant variation in the citizenship of the parties involved in the case. Some claims can be resolved through binding arbitration that is voluntary. This is a less formal process that involves professionals who make the decisions. It is intended to cut costs, speed up legal proceedings, and eliminate the risk of overly generous juries. Arbitration is not accessible in all cases of misconduct.

The wrong dosage of medication

Medication mistakes, also referred to as medication errors, are one of the most frequent causes of medical portland malpractice law firm lawsuits. These errors are caused by a doctor who has submitted a prescription in the wrong format or giving the patient the wrong dosage. These errors are typically preventable. In the event of an incident the pharmacy, hospital or other health care provider could be held responsible for the injuries caused by a patient who received the wrong dose of a medication.

A doctor may prescribe the wrong medication to a patient as a result of an inaccurate diagnosis or simply because he/she misreads the prescription. A health care professional may also give the wrong dosage because of a glitch in communication. For example nurses may take a doctor's prescription and read it incorrectly or a pharmacist might make an error when filling the prescription. In other instances the doctor may delay in administering the correct medication to the patient, resulting in their condition worsening.

To prevail in a malpractice lawsuit, a victim must prove that the medical professional acted in breach of their standard of care, and that the negligence directly caused their injuries. This requires medical experts to be present. Moreover, a medical
Wrong Surgery

The wrong-site procedure is rare however, it could be a case of medical malpractice in the event that the procedure is carried out in the wrong part of your body. This type of mistake is usually caused by miscommunications between the surgical team, or by pressures in the production process that result in a surgeon having multiple surgeries scheduled at the same time. In these situations, a surgeon is not solely responsible for a misplaced operation due to the legal principle known as "res ipsa locquitur", which states that the outcome speaks for itself and cannot be attributed to negligence.

If a patient is injured during an incorrect procedure it is possible that the patient will need additional procedures to correct problems that were exacerbated by the mistake. This results in costly medical expenses for patients and their families. It is essential to take these costs into account when calculating the financial cost of medical malpractice claims.

Surgeons are typically accountable for surgical errors because they are the individuals who are accountable for making preparations for the operation and double-checking the patient's medical chart and medical records, coordinating effectively with other members of the medical team and making sure that the incision has been made on the correct site. However, in some instances a hospital or anesthesiologist may also be liable. Medical malpractice claims are usually filed in state courts. However, under certain circumstances they may be transferred to federal courts.