Common Causes of Malpractice Litigation
The process of bringing a malpractice lawsuit is a complex procedure. If a patient can demonstrate four elements, it will determine whether or not the error is malpractice. These are professional obligation in breach of this obligation; a repercussion from this breach; and measurable damages.
Plaintiffs must also prove the elements by using evidence, such as expert testimony and depositions.
Incorrect diagnosis and failure to diagnose
The inability of a doctor to correctly diagnose an illness or injury can result in serious complications or even death. It is a typical cause of medical negligence. To prove negligence the patient or their lawyer must demonstrate that a competent physician under similar circumstances and working in the same field would not have misdiagnosed the problem.
Misdiagnosis does not always constitute negligence. Even highly skilled and experienced doctors make mistakes. Therefore, a claim of malpractice must be supported by other elements such as breach, proximate causality and actual injury. For instance when a doctor does not take the time to sterilize their equipment prior
malpractice lawsuit to giving anesthesia and the patient develops an infection in the process, the doctor could be liable for malpractice.
In most instances, lawsuits claiming malpractice will be filed in the state trial court where the alleged misconduct occurred. Federal courts could, however, have jurisdiction in certain instances. A case can be brought before a federal court in specific circumstances. For instance,
malpractice lawsuit it may involve an issue regarding a statute of limitation or when the parties are of different citizenships. Additionally, some cases are settled through voluntary binding arbitration. This is a less-formal process which involves professionals who make the decisions. It is designed to reduce expenses, speed up the legal process, and reduce the risk associated with overly large juries. Arbitration is not available in all cases of malpractice.
Wrong Drug Dosage
Medication errors are one of the most frequent causes of medical malpractice lawsuits. They can involve a physician prescribing a prescription in error or administering the wrong dosage to a patient. These errors are often preventable. In the event of an incident the situation, a pharmacist, a hospital or other health care provider could be held responsible for the harm caused by a patient who received the wrong dosage of a medication.
A doctor might prescribe the incorrect medication to a patient because of an incorrect diagnosis or simply because he/she misreads the prescription. A health care professional may also prescribe the wrong dosage due to a failure in communication. For instance the nurse might not read a doctor's prescription correctly or a pharmacist may make a mistake when filling the prescription. In other cases, the physician may delay giving the correct medication, which can result in the patient's health getting worse.
To win a malpractice lawsuit, a victim must prove that the medical professional violated their standard of care and that negligence directly caused the injuries. This requires testimony from a medical expert. Medical
malpractice cases also must prove the extent and damages of the victim's injuries. This includes the costs of treatment for the victim as well as any lost wages. The greater the loss of the claim, the greater the value of the claim.
The wrong procedure
It might seem unlikely that medical professionals could perform the incorrect procedure on a patient, but this type of mishap occurs. The surgeon who commits this error may be held to be liable for malpractice. If a patient is injured as a result of an error during surgery can be held liable for any negligence that occurred during the procedure.
Any health professional who is accused of misconduct must show that the patient was injured by a specific act or inaction. To prove this, the legal team representing the patient has to prove: (1) that the doctor was required to treat or provide care to the patient; (2) that he did not fulfill that duty; (3) that a causal connection exists between the breach and the injury; and (4) the injury results in damages the legal system can deal with.
A breach of the duty of care is meaningless unless it causes injury which is why medical malpractice claims are typically based on a legal doctrine known as "res ipsa loquitur." This law says that, in a majority of cases certain injuries are so evident and obvious that they can only be explained through negligence.
Depending on the facts the plaintiff (the person who filed the claim or their legal representative) or their lawyer may decide to file a lawsuit in either state or federal court. Most malpractice cases are filed in state courts, however in certain circumstances, a medical
malpractice lawsuit can be brought in federal district court.
Wrong Surgery
The wrong-site surgery isn't common 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 kind of error is usually caused by a lack of communication between members of the surgical team, or production pressures that result in surgeons having several surgeries to perform at the same time. In these instances the surgeon isn't solely responsible for an incorrect-site operation because of the legal principle known as "res ipsa locquitur", which states that the outcome is a matter of fact and cannot be attributed to negligence.
If a patient is injured during a wrong-site procedure, he or her may require additional procedures to rectify problems that were exacerbated by the mistake. Patients and their families are left with expensive medical bills. These expenses should be considered when calculating the financial consequences of medical malpractice claims.
Surgeons are most often held liable for surgical errors as they are the ones 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 cases hospitals or anesthesiologists can also be held liable. Medical malpractice cases are typically filed in state courts, but under certain circumstances, they can be transferred to federal courts.