Common Causes of Malpractice Litigation
The process of bringing a
malpractice lawsuit is a complex procedure. If a person can prove four elements, it will decide whether or not the mistake is malpractice. These are: a professional obligation; a breach of that obligation; a repercussion from this breach; and quantifiable damages.
Plaintiffs must also prove the elements by using evidence, such as expert testimony and depositions.
Incorrect diagnosis and inability to diagnose
The inability of a doctor to accurately diagnose a disease 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 attorney must show that a competent doctor under similar circumstances and in the same field would not have misdiagnosed the problem.
A misdiagnosis is not always negligence. Even the most experienced and highly trained doctors make mistakes, so a claim of malpractice must be supported by other elements such as breach, proximate causation, and actual injury. If a physician fails to sterilize his equipment prior the time he administers anesthesia and the patient develops an infection due to this, the doctor may be guilty.
Lawsuits that claim malpractice are usually filed in state trial courts where the alleged
malpractice lawyer occurred. However, federal courts may be able to handle cases in certain circumstances. For instance, a lawsuit may be brought in federal court if it involves an issue regarding the time limit for filing a claim or if there is a substantial difference in citizenship among the parties to the case. In other cases, certain claims are settled through voluntary binding arbitration. This is a less formal procedure which involves professional decision makers and is intended to cut costs, expedite legal proceedings and eliminate the possibility of excessively generous juries. However, arbitration isn't accessible for all malpractice claims.
Dosage of a drug that is incorrect
Medication mistakes, also referred to as medication errors,
malpractice lawsuit are one of the most common causes of medical malpractice lawsuits. These errors are caused by a physician who writes 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 situation, a pharmacist, a hospital or other health care providers could be held accountable for the injuries caused by an individual who took the wrong dose of a medication.
A doctor can prescribe the wrong drug because of a misdiagnosis or by simply not understanding the prescription correctly. A health professional could also prescribe the wrong dose due to an inability to communicate, such as when a nurse reads the handwritten prescription of a doctor incorrectly or the pharmacist commits an error in filling out the prescription. In other cases the doctor might delay the administration of the correct medication, which can cause the patient's condition to worsening.
To win a malpractice lawsuit, a victim must demonstrate that the medical professional breached their duty of care and that negligence directly caused their injuries. This requires testimony from a medical expert. Furthermore, a medical negligence case must prove the extent of the victim's injuries and the damages they suffered because of the negligence. This includes the costs of a person's treatment and any wages lost. In general, the greater a loss is in the greater value of the claim will be.
The wrong procedure
This kind of situation is not unusual. It may seem like a challenge for medical professionals to carry out the incorrect procedure on patients however, it happens. The surgeon who makes this mistake can be held liable for negligence. However those who are injured due to a surgical error may also be held liable for any negligence that occurred during the path to the procedure.
A medical professional accused of malpractice has to prove that the patient was injured due to the specific act or inability to perform the act. To establish this, the legal team representing the patient must prove: (1) that the doctor was required to treat or provide care to the patient; (2) that he failed to fulfill his obligation; (3) that a causal connection 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 meaningless unless it causes injury, that's why medical malpractice lawsuits are generally based on a legal doctrine called "res ipsa loquitur." This law states that, in the majority of cases, certain injuries are so obvious and unmistakable that they cannot be explained except by negligent actions.
Depending on the facts the plaintiff (the person who filed the claim, or their legal representative) or their lawyer may decide to file the claim either in state or federal court. Most malpractice cases are filed in state court. However, under limited circumstances, a medical malpractice lawsuit,
made my day, can be brought in federal district court.
Wrong Surgery
Surgery performed on the wrong site is a very rare error, but it can be considered medical malpractice when the procedure is carried out on the wrong portion of the body. This type of error is often caused by miscommunication between members of a surgical team or production pressure that results in a surgeon being assigned multiple surgeries simultaneously. In these cases, a surgeon is not solely responsible for an incorrect-site procedure because of a legal rule known as "res ipsa locquitur" which states that the outcome is a matter of fact and cannot be blamed on negligence.
If a patient is injured during an incorrect procedure it is possible that the patient will require additional procedures in order to correct problems that were aggravated due to the error. Patients and their families are left with costly medical bills. It is essential to consider these costs when calculating the financial costs of medical malpractice claims.
Most often surgeons are held accountable for surgical mistakes. They are responsible in preparing the patient prior to the procedure, examining the medical record and chart of the patient, coordinating with the rest of the medical personnel, and ensuring that the incision was made at the correct location. In some cases hospitals or anesthesiologists can also be held liable. Medical malpractice claims are generally filed in state courts, but they may be transferred under certain circumstances to federal court.