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 determine whether or not the mistake is malpractice. These are professional obligations; a breach of that obligation; an injury that results from this breach; and measurable damage.
Plaintiffs must also prove the elements by using evidence, such as expert testimony and depositions.
The wrong diagnosis or the inability to diagnose
Failure to diagnose an injury or illness correctly can result in serious complications, or death. Misdiagnosis is a common reason for medical malpractice. To establish negligence, a patient or their lawyer needs to prove that a seasoned doctor in similar circumstances would not have misdiagnosed an illness.
A misdiagnosis is not always negligence. Even the most experienced and highly trained doctors make mistakes, and any claim of malpractice has to be backed by other elements like breach, proximate causality and actual injury. For instance If a doctor is not careful to sterilize their equipment prior to giving anesthesia and the patient develops an infection because of it the doctor may be guilty of malpractice.
In most cases, lawsuits that allege
Malpractice lawyers will be filed in the state trial court in which the alleged malpractice took place. Federal courts may however have jurisdiction in certain circumstances. A case may be brought before a federal court under certain circumstances. For example, it may involve an issue regarding the statute of limitations or in the event that the parties have different nationalities. Some claims can be settled through voluntary binding arbitration. This is a less formal process with professional decision makers. It is intended to cut costs, speed up legal proceedings, and eliminate the risk of overly generous juries. However, arbitration isn't available for all claims of malpractice.
Dosage for a drug that is not correct
Medication mistakes, also referred to as medication errors, are one of the most frequent causes of medical malpractice lawsuits. They can result from a doctor prescribing the wrong medication or delivering the wrong dose to the patient. These errors are generally preventable. Depending on the circumstances, a hospital staff member, a pharmacist or other health professionals may be held liable for the harms suffered by a patient who was given the wrong dosage of a drug.
A doctor could prescribe the wrong medication because of a misdiagnosis or simply not understanding the prescription correctly. A health professional could also prescribe the wrong dosage due to a lapse in communication. For example nurses may interpret a doctor's prescription incorrectly or a pharmacist could have a mistake while filling the prescription. In other instances the doctor may delay delivering the correct medication, which can cause the patient's illness to worsening.
A victim must prove, for the sake of winning a malpractice claim that the medical professional breached their standard of practice and that their injuries were directly caused by the negligence. This requires medical expert testimony. A medical malpractice claim also must prove the extent and damage of the victim's injuries. This includes the costs of treatment for the victim as well as any lost wages. The more loss you suffer of the claim, the greater the value of the claim.
The wrong procedure
It may seem impossible that medical professionals would carry out the wrong procedure on a patient but this type of incident is quite common. If a surgeon makes this error can be found responsible for malpractice. However the patient who is injured as a result of a surgical error could also be held accountable for any negligence that occurred during the path to the procedure.
Any health care professional who is accused of misconduct must show that the patient was harmed due to a specific act or inaction. To prove this the legal team of the patient must show that: (1) the doctor was bound by the obligation to provide medical care or treatment; (2) that the doctor violated that 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 resolve.
A breach of duty of care is no significance unless it results in injury. This is why medical malpractice cases are often built on the legal principle "res ipsa locquitur" which says that certain injuries are so obvious they can only be explained through negligence.
Depending on the circumstances the plaintiff (the person who filed the claim, or their legal representative) or their lawyer could choose to file in federal or state court. The majority of malpractice cases are filed in state court. However, under limited circumstances, a medical malpractice case can be filed in federal district court.
Wrong Surgery
A wrong-site procedure is a rare error, but it can be considered medical negligence if the procedure is performed on the wrong side of the body. This kind of error is usually the result of miscommunication between members of a surgical team or production pressure that leads to a surgeon being assigned multiple surgeries at one time. In these situations the surgeon isn't solely accountable for a mistaken-site procedure due to the legal principle of "res ipsa locquitur" which states that the result is a matter of fact and cannot be blamed on negligence.
If a patient gets injured due to surgery performed on the wrong site the patient may require additional treatments to correct issues that were caused due to the surgical error. Patients and their families are left with costly medical bills. It is essential to take these costs into consideration when calculating the financial costs of medical malpractice claims.
Most often surgeons are liable for surgical errors. They are accountable to prepare the patient for surgery, reviewing the chart and medical records of the patient, communicating with the rest of the medical staff, and ensuring that the incision was made in the correct place. In some instances, hospitals or anesthesiologists may also be held responsible. Medical
malpractice law firm claims are generally filed in state courts, but can be transferred under certain circumstances to federal court.