Common Causes of Malpractice Litigation
Malpractice litigation is a tense procedure. If a patient can prove four elements, it will determine whether or not the mistake is a case of malpractice. These are the following: a professional obligation; a breach of that obligation; an injury that results from this breach; and quantifiable damages.
Plaintiffs must also prove the elements by using evidence such as expert testimony and depositions.
Incorrect diagnosis or failure to diagnose
Failure to identify an illness or injury accurately could lead to serious complications, or even death. A large number of medical
malpractice Lawyers cases involve incorrect diagnosis. To prove negligence the patient or their lawyer must demonstrate that a competent doctor under similar circumstances and in the same specialty would not have misdiagnosed the condition.
A misdiagnosis is not always malpractice. Even the most skilled and trained doctors make mistakes, so an allegation of malpractice needs to be supported by other factors such as breach, proximate causation and actual injury. If a doctor fails to sterilize his equipment before administering anesthesia, and the patient becomes infected because of this, the doctor could be guilty.
In the majority of cases, lawsuits alleging malpractice will be filed in the state trial court in which the alleged error occurred. Federal courts may however have jurisdiction in certain situations. For instance,
Malpractice lawyers a case may be brought in federal court if it involves a dispute over the time limit for filing a claim or in the event of a significant diversity of citizenship of the parties involved in the case. Certain disputes are settled via binding arbitration. This is a less formal process with professional decision makers. It is designed to cut costs, expedite legal proceedings and eliminate the possibility of excessively generous juries. Arbitration is not accessible in all cases of misconduct.
Wrong Drug Dosage
Medication errors, also referred as medication errors, are one of the main reasons for medical malpractice suits. They can involve a physician writing a prescription incorrectly or delivering the wrong dose to a patient. These mistakes are usually avoidable. According to the circumstances, a pharmacy, a hospital or other health care providers could be held accountable for the injuries resulting from patients who were given the wrong dose of a medication.
A doctor can prescribe the wrong medication as a result of a misdiagnosis, or simply failing to read the prescription. A health professional could also administer the wrong dosage because of an inability to communicate, such as when nurses read the handwritten prescription of a doctor incorrectly or the pharmacist makes an error in filling out the prescription. In other instances the doctor may delay delivering the correct medication, which could cause the patient's condition to worsening.
In order to be successful in a malpractice case, the victim must show that the medical professional acted in breach of their standard of care and that negligence directly caused the injuries. This requires medical experts to provide evidence. A medical malpractice case also must prove the severity and damages of the victim's injuries. This includes the cost of treatment as well as any lost wages. The more the loss, the higher the value of the claim.
The 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 happens. A surgeon who commits this kind of error could be held accountable for negligence. However, a patient who is injured by a surgical mistake can also be held accountable for any negligence that occurred during the process.
A health care professional accused of malpractice has to prove that a patient was injured by the specific act or inability to perform the act. To prove this the legal team of the patient must prove that: (1) the doctor had an obligation to provide care or treatment; (2) that the doctor did not fulfill this duty; (3) that there is a direct causal connection between the breach and the injury and (4) that the injury causes damages that the legal system can resolve.
A breach of the duty of care is meaningless unless it causes injury, which is the reason medical malpractice claims are typically made based on a law known as "res ipsa loquitur." This law states that, in the majority of cases certain injuries are obvious and unmistakable that they are only explained by negligent acts.
Depending on the facts of the situation, the plaintiff (the patient or their legally designated representative) or their lawyer may file the claim in state or federal court. The majority of
malpractice lawyers cases are filed in state courts, however in certain circumstances, a medical negligence lawsuit may be filed in federal district court.
Wrong Surgery
Surgery performed on the wrong site is a very rare error, but it may be considered medical malpractice if the procedure is carried out on the wrong portion of the body. This type of error is typically caused by miscommunication between the members of a surgical team, or production pressure that results in the surgeon being assigned multiple surgeries at once. In these situations the surgeon is not solely responsible for a wrong-site procedure 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 due to surgery performed on the wrong site, he or she may require additional procedures to fix problems that are aggravated by the surgical error. Patients and their families are left with high medical bills. It is essential to take these costs into consideration when calculating the financial impact of medical malpractice lawsuits.
Surgeons are most often accountable for surgical errors as they are the ones who are accountable for preparing for the operation by double-checking patient's chart and medical records, coordinating effectively with other members of the medical team and making sure that the incision is done at the correct place. In certain instances the hospital or anesthesiologist may also be held responsible. Medical
malpractice lawsuits are usually filed in state courts, however, under certain circumstances they may be transferred to federal court.