Common Causes of Malpractice Litigation
Malpractice litigation is a complex procedure. The degree to which an error constitutes malpractice depends on the ability of the patient to prove four legal elements which include professional duty breach of this duty; harm caused by the breach and quantifiable damages.
Plaintiffs must also demonstrate these elements with evidence like expert testimony, depositions, and discovery.
Undiagnosed or Incorrectly Diagnosed
The inability of a doctor to diagnose an illness or injury can result in grave complications, or even death. Misdiagnosis is a common cause of medical malpractice. To prove negligence the patient or their attorney must show that a competent doctor in similar circumstances and working in the same area would not have misdiagnosed the condition.
Misdiagnosis doesn't always mean malpractice. Even highly-trained and experienced doctors make mistakes. Therefore, any claim of malpractice must be backed by other factors like breach, proximate reason and actual injury. For instance If a doctor does not properly clean their equipment prior the time they administer anesthesia and the patient develops an infection as a result, the doctor could be liable for malpractice.
The majority of lawsuits involving malpractice are filed in state trial courts where the alleged error occurred. Federal courts may be able to hear cases in certain circumstances. For example, a claim may be brought in federal court in the event of an issue regarding the statute of limitations or when there is a substantial difference in citizenship among the parties to the case. Certain claims are settled through arbitration that is binding and voluntary. This is a less formal procedure that involves professional decision makers. It is designed to cut costs, expedite the legal process, and reduce the risk associated with overly generous juries. Arbitration is not accessible in all cases of malpractice.
Wrong Drug Dosage
Medication errors--also called medication mistakes--are among the most common causes of medical
malpractice lawsuits. They can result from a doctor prescribing the wrong medication or delivering the wrong dose to patients. These mistakes are often avoidable. According to the circumstances, a pharmacy, a hospital or other health care provider could be held accountable for the injuries resulting from an individual who took the wrong dose of a drug.
A doctor may prescribe the wrong medication as a result of a misdiagnosis or simply failing to read the prescription. A health professional may also prescribe the wrong dosage because of a breakdown in communication for example, when the nurse reads a doctor's handwritten script incorrectly or the pharmacist commits an error in filling out the prescription. In other instances doctors may delay administering the correct medication to the patient, which could result in their condition deteriorating.
To win an action for malpractice, a victim must demonstrate that the medical professional breached their duty of care and that negligence directly caused their injuries. This requires the testimony of a medical expert. A medical malpractice case also must establish the extent and damages of the victim's injuries. This includes the cost of treatment and any lost wage. The more loss you suffer the greater the value of the claim.
The wrong procedure
This kind of incident is not unusual. It may seem like a challenge for medical professionals to carry out the wrong procedure on patients, but it's true. A surgeon who makes this error may be held accountable for malpractice. Patients who are injured because of a surgical error may be held responsible for any negligence that occurred during the procedure.
A health care professional accused of negligence must prove that the patient was injured due to the specific act or inability to perform the act. To establish this the legal team of the patient must demonstrate that: (1) the doctor was in 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 causes damages that the legal system could 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 known as "res ipsa loquitur." This law states that, in many instances, certain injuries are so obvious and unmistakable that they cannot be explained except by negligent acts.
Depending on the circumstances of the situation, the plaintiff (the patient or their legally appointed representative) or their attorney can present the claim to state or federal court. Most malpractice cases are filed in state courts, however under limited circumstances medical malpractice lawsuits may be filed in federal district court.
Wrong Surgery
The procedure that is performed on the wrong site is not common but it could be considered medical malpractice if the procedure is performed in the wrong place on your body. This kind of error is usually caused by a lack of communication between members of a surgical team, or production pressure that results in the surgeon being tasked with multiple surgeries at once. In these instances, the surgeon is not all-in on his responsibility for an incorrect-site procedure because there is a legal rule known as "res ipsa loquitur" which means that the effect of the error speaks for itself and cannot be attributed to negligence.
If a patient is injured during an improper procedure the patient may need additional procedures to correct problems that were made worse by the error. This results in costly medical expenses for the patient and their families. It is essential to keep these costs in mind when calculating the financial cost of medical malpractice claims.
Surgeons are typically held liable for surgical errors because they are the ones who are responsible for preparing for the operation by double-checking patient's chart and medical records, communicating effectively with the other members of the medical team, and making sure the incision is placed at the right place. However, in certain instances an anesthesiologist or a hospital could also be accountable. Medical
malpractice law firms claims are generally filed in state courts, but can be transferred under certain circumstances to federal court.