Common Causes of Malpractice Litigation
Malpractice litigation is a complicated procedure. If a patient can prove four factors, it will determine whether or not the mistake is malpractice. These are the following: a professional obligation and a breach of that duty; an injury resulting from this breach; and measurable damage.
Plaintiffs must also prove the elements using evidence such as expert testimony and depositions.
Incorrect diagnosis and inability to diagnose
A physician's inability to accurately diagnose an illness or injury could lead to serious complications or even death. Many medical malpractice cases result from misdiagnosis. To prove negligence, the patient or their attorney must show that a competent doctor under similar circumstances and working in the same specialty would not have misdiagnosed the condition.
Misdiagnosis doesn't always mean malpractice. Even highly-trained and experienced doctors are not immune to mistakes. Therefore, a claim of malpractice must be supported with other elements such as breach, proximate cause and actual injury. If a physician fails to sterilize his equipment prior the time he administers anesthesia and the patient is infected due to this, the doctor could be held accountable.
In the majority of instances, lawsuits claiming malpractice will be filed in the state trial court where the
malpractice law firms was alleged to have occurred. However, federal courts could have jurisdiction in certain situations. For example, a claim may be brought in federal court if there is disputes over a statute of limitations or when there is a significant variety of citizenship among the parties involved in the case. Certain disputes are settled via binding voluntary arbitration. This is a non-formal procedure that involves professional decision makers. It is designed to lower costs, speed up legal proceedings, and eliminate the risk of overly large juries. Arbitration is not available in all instances of malpractice.
Dosage of a drug that is incorrect
Medication errors--also called medication mistakes--are one of the main causes of medical malpractice lawsuits. They can result from a doctor writing a prescription incorrectly or delivering the wrong dose to patients. These mistakes are often avoidable. In certain circumstances the hospital or its staff, pharmacist or other health care professionals may be held liable for the injuries of the patient who received the wrong dose of medication.
A doctor could prescribe the wrong medication as a result of a misdiagnosis, or simply not understanding the prescription correctly. A health care provider can also give the wrong dosage due to a breakdown in communication. For instance, a nurse may take a doctor's prescription and read it incorrectly or a pharmacist might make a mistake when filling the prescription. In other cases the doctor may delay delivering the correct medication, which can result in the patient's health worsening.
A person who suffers from a medical malpractice claim must prove, in order to win a malpractice claim, that the medical professional breached their standards of practice and that their injuries were directly attributed to the negligence. This requires testimony from a medical expert. Moreover, a medical malpractice claim must establish the extent of the injuries suffered by a victim and the damages they suffered because of the negligence. This includes the cost of treatment as well as any wages lost. The greater person's losses are, the more valuable the claim will be.
Wrong Procedure
It's not likely for medical professionals to perform the incorrect procedure on a patient, however, this kind of thing is quite common. If a surgeon makes this mistake could be held responsible for
Malpractice Lawyers. A patient who suffers injury as a result of an error during surgery can be held accountable for any error that occurred during the procedure.
Any health professional who is accused of malpractice must show that the patient was injured by a specific action or failure to act. To prove this, the legal team of the patient must show: (1) that the doctor was obligated to care for or treat the patient; (2) that he violated his duty; (3) that a causal link exists between the breach and the injury; and (4) the injury results in damages the legal system could address.
A breach of the duty of care is insignificant unless it causes injury, which is why medical malpractice lawsuits are generally based on a legal doctrine known as "res ipsa loquitur." This law states that, in a lot of instances certain injuries are so evident and obvious that they cannot be explained except by negligent actions.
Depending on the circumstances, the plaintiff (the person who filed the claim or their legal representative) or their attorney may decide to file the case either in state or federal court. The majority of malpractice cases are filed in state court. However, in certain situations, a medical malpractice case could be filed in federal district court.
Wrong Surgery
The wrong-site surgery is rare, but can be considered medical malpractice in the event that the procedure is carried out in the wrong place on your body. This type of error is usually caused by miscommunications between the surgical team, or due to production pressures that result in surgeons having multiple surgeries scheduled at the same time. In these cases, a surgeon is not solely responsible for a wrong-site procedure because of a legal rule known as "res ipsa locquitur" which states that the outcome speaks for itself and cannot be blamed on negligence.
If an individual is injured in an incorrect procedure it is possible that the patient will require additional procedures to rectify issues that were caused due to the error. Patients and their family members are left with hefty medical bills. This expense should be taken into consideration when calculating the financial impact of medical malpractice lawsuits.
The majority of times surgeons are liable for surgical errors. They are responsible for preparing the patient for the procedure, examining the chart and medical records of the patient, coordinating with the rest of the medical staff, and ensuring that the incision was made in the proper location. In some cases hospitals or anesthesiologists may also be held responsible. Medical malpractice lawsuits are usually filed in state courts. However, in certain situations they may be transferred to federal courts.