Common Causes of Malpractice Litigation
Malpractice litigation involves a complex process. If an error is considered to be
malpractice lawyer is dependent on the ability of the patient to prove four legal elements which include professional duty; breach of this duty; harm due to the breach and damages that can be quantifiable.
Plaintiffs must also prove the facts using evidence like expert testimony and depositions.
Misdiagnosis or Failure to Diagnose
The inability of a doctor to accurately diagnose an illness or injury could result in grave complications,
malpractice lawsuits or even death. Many medical malpractice cases result from mistaken diagnosis. To show negligence, the patient or their lawyer must prove that a qualified doctor in similar circumstances would not have misdiagnosed an illness.
Not every misdiagnosis is malpractice, however. Even highly experienced and trained doctors are not immune to mistakes. Therefore, any claim of malpractice has to be backed up by other elements like breach, proximate reason and actual injury. For example the case where a physician is not careful to sterilize their equipment before administering anesthesia, and the patient develops an infection in the process the doctor may be found to be negligent.
Lawsuits alleging malpractice are typically filed in state trial courts, where the alleged error occurred. However, federal courts might be able to handle cases in certain circumstances. A case can be brought before federal court in certain circumstances. For instance it could be a dispute about the statute of limitations or when the parties have different citizenships. Certain disputes are settled via arbitration that is binding and voluntary. This is a less formal process that is governed by professional decision makers. It is designed to minimize expenses, speed up the legal process, and reduce the risk of overly generous juries. However, arbitration is not accessible for all malpractice claims.
Dosage for a drug that is not correct
Medication errors are one of the most frequent causes of medical malpractice lawsuits. They can involve a physician prescribing the wrong medication or delivering the wrong dose to patients. These mistakes are usually avoidable. According to the situation the pharmacy, hospital or other health care providers could be held accountable for injuries caused by a patient who received the wrong dosage of a drug.
A doctor may prescribe the incorrect medication to a patient as a result of an incorrect diagnosis or simply because they misread the prescription. A health care professional could also administer the wrong dose due to an inability to communicate, such as when the nurse reads the doctor's handwritten script in error or the pharmacist is mistaken in filling out the prescription. In other situations the doctor may delay in administering the correct medication to the patient, resulting in their condition becoming worse.
A victim must prove, for the sake of winning a malpractice lawsuit that the medical professional violated their standard of practice and that their injuries were directly caused by the negligence. This requires testimony from a medical expert. A medical malpractice case must prove the extent and the damages caused by the victim's injuries. This includes the costs of treatment for the victim as well as any lost wages. The more the loss, the higher the value of the claim.
Incorrect Procedure
It might seem absurd for medical professionals to perform the incorrect procedure on a patient however, this type of event does occur. A surgeon who makes the mistake could be held accountable for negligence. A patient who suffers injury due to an error during surgery can be held liable for any negligence that occurred during the procedure.
Any health care professional who is accused of malpractice must prove that the patient was hurt by a specific act or omission to act. To establish this the legal team of the patient must demonstrate that: (1) the doctor was bound by a duty to provide care or treatment; (2) that the doctor breached this duty; (3) that there is a direct causal relationship between the breach and the injury and (4) that the injury results in damages that the legal system is able to address.
A breach of duty of care has no significance unless it results in injury. This is the reason why medical malpractice cases tend to be based on the legal doctrine "res ipsa locquitur" which states that certain injuries are so obvious 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 attorney may decide to file the case in either state or
Malpractice Lawsuits federal court. The majority of
malpractice law firms cases are filed in state court, however under limited circumstances medical malpractice lawsuits can be filed in federal district court.
Wrong Surgery
The procedure that is performed on the wrong site is not common however, it could be a case of medical malpractice if the procedure is performed in the wrong location of your body. This kind of error is usually the result of miscommunications between the surgical team, or pressures in the production process that result in a surgeon having several surgeries to perform at the same time. In these instances the surgeon is not solely accountable for a mistaken-site operation due to a 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 surgery that is performed on the wrong site the patient may require additional procedures to correct problems exacerbated by the surgical error. Patients and their family members are left with hefty medical bills. These expenses should be considered when calculating the financial consequences of medical
malpractice lawsuits.
Surgeons are often found to be responsible for surgical mistakes because they are the individuals who are responsible for making preparations for the operation, double-checking the patient's chart and medical records, coordinating effectively with other members of the medical team, and making sure that the incision has been located at the correct location. However, in some cases an anesthesiologist or hospital may also be liable. Medical malpractice claims are typically filed in state court but may be transferred in certain circumstances to federal court.