Common Causes of Malpractice Litigation
Malpractice litigation involves a complex procedure. Whether or not an error constitutes malpractice depends on the ability of the patient to prove four legal elements such as a professional duty breach of this duty; harm resulted from the breach and quantifiable damages.
Plaintiffs must also demonstrate these elements with evidence like expert testimony, depositions and discovery.
Misdiagnosis or Failure to Diagnose
Inability to recognize an injury or illness correctly can result in serious complications, or even death. Many medical malpractice cases involve misdiagnosis. To prove negligence, a person or their lawyer must demonstrate that a seasoned doctor in similar circumstances would not have misdiagnosed a problem.
A misdiagnosis is not always malpractice. Even experienced and highly trained doctors make mistakes. Therefore, any claim of malpractice must be supported with other elements, such as breach, proximate cause and actual injury. For instance If a doctor does not take the time to clean their equipment prior the time they administer anesthesia, and the patient develops an infection due to the infection the doctor may be found to be negligent.
Lawsuits alleging
malpractice lawyer are typically filed in state trial courts, where the alleged malpractice occurred. However, federal courts might have jurisdiction in certain situations. A case can be brought before a federal court in certain circumstances. For example it could involve the issue of a statute of limitation or when the parties have different citizenships. Certain disputes are settled through binding voluntary arbitration. This is a less formal process that involves professionals who make the decisions. It is intended to save costs, speed up legal proceedings and remove the risk of overly generous juries. Arbitration is not available in all cases of malpractice.
Dosage for a drug that is not correct
Medication errors, also known as medication errors are among the most common causes of medical malpractice lawsuits. They can be caused by a physician writing a prescription incorrectly or delivering the wrong dose to the patient. These errors are typically preventable. Based on the circumstances the hospital staff member, a pharmacist or other health care provider could be held accountable for the injuries sustained by a patient who was prescribed the wrong dosage of a drug.
A doctor could prescribe the wrong medication as a result of a misdiagnosis, or simply failing to read the prescription. A health professional can also administer the wrong dosage due to a failure in communication. For instance, a nurse may interpret a doctor's prescription incorrectly or a pharmacist might fail to fill the prescription. In other instances the doctor may delay the proper medication, which can result in the patient's health getting worse.
A victim must prove, to be successful in a malpractice lawsuit, that the medical professional violated their standard of practice and that their injuries were directly attributed to the negligence. This requires the testimony of a medical expert. Moreover, a medical
Malpractice Lawyer case must establish the severity of the injuries suffered by a victim and the damages they suffered as a result of the negligence. This includes the costs of treatment as well as any lost wages. The more money you lose is, the more valuable of the claim.
Wrong Procedure
It might seem absurd that medical professionals would carry out the wrong procedure on a patient however, this kind of thing does occur. A surgeon who commits the mistake could be held liable for negligence. However the patient who is injured due to a surgical error could also be held accountable for any negligence that occurred on the process.
A health care professional who is accused of malpractice must prove that the patient was injured due to the specific act or failure to perform the act. To establish this, the legal team representing the patient has to prove: (1) that the doctor had a responsibility to provide treatment or care to the patient; (2) that he did not fulfill that duty; (3) that a causal link exists between the negligence and injury and (4) the injuries result in damages that the legal system can address.
A breach of the duty of care has no significance unless it causes injury, that's why medical malpractice lawsuits are generally founded on a legal principle called "res ipsa loquitur." This law says that, in the majority of cases certain injuries are evident and obvious that they are only explained by negligent actions.
Based on the circumstances the plaintiff (the person who filed the claim, or their legal representative) or their lawyer may decide to file the claim in either state or federal court. The majority of malpractice cases are filed in state courts, however under limited circumstances, a medical malpractice lawsuit 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 performed on the wrong side of the body. This kind of error is usually caused by a lack of communication between members of the surgical team, or due to production pressures that result in surgeons being assigned several surgeries to perform at the same time. In these cases, a surgeon is not solely responsible for a wrong-site procedure due to the legal principle of "res ipsa locquitur", which states that the outcome speaks for itself and cannot be blamed on negligence.
If the patient is injured during a wrong-site procedure the patient may need additional procedures to correct problems that were made worse by the error. This could result in expensive medical expenses for patients as well as their families. These expenses should be considered when calculating the financial impact of medical malpractice lawsuits.
The majority of times, surgeons are held responsible for surgical mistakes. They are accountable to prepare the patient for the procedure, as well as checking the medical record and chart 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 claims are generally filed in state courts, however, in certain situations they may be transferred to federal court.