Common Causes of Malpractice Litigation
Malpractice litigation is a tense process. If a patient can demonstrate four elements, it will be able to determine whether or not the error is
malpractice. These are professional obligations; a breach of that duty; an injury resulting from the breach; and quantifiable damages.
Plaintiffs must also prove these elements by presenting evidence like expert testimony, depositions, and discovery.
Undiagnosed or Incorrectly Diagnosed
Failure to identify an injury or illness in a timely manner could lead to serious complications, or death. Many medical malpractice cases result from misdiagnosis. To establish negligence, a patient or their lawyer needs to prove that an experienced doctor in similar circumstances would not have misdiagnosed a problem.
Every misdiagnosis can be considered to be negligence, but. Even highly trained and experienced doctors make mistakes, and any claim of
malpractice lawyer has to be supported by other factors like breach, proximate causation and actual injury. For instance the case where a physician is not careful to sterilize their equipment prior to administering anesthesia and the patient suffers an infection because of it, the doctor could be guilty of malpractice.
In most cases, lawsuits alleging malpractice will be filed in the state trial court where the alleged misconduct occurred. However, federal courts might have jurisdiction under limited circumstances. A case may be brought before a federal court in certain circumstances. For instance it could be disputes over the statute of limitations or if the parties are of different nationalities. Some claims are settled by arbitration that is binding and voluntary. This is a less formal process that is governed by professional decision makers. It is designed to lower costs, speed up legal process, and remove the risk associated with overly large juries. However, arbitration is not available for all claims of
malpractice lawyer.
Dosage for a drug that is not correct
Medication mistakes, also referred to as medication errors, are one of the main causes of medical malpractice lawsuits. They can involve a physician writing a prescription that is not correct or giving the wrong dosage to a patient. These errors are typically preventable. In certain circumstances, a hospital or its staff, pharmacist or other health care professionals may be held liable for the injuries suffered by a patient who was given the wrong dose of medication.
A doctor can prescribe the wrong medication because of a misdiagnosis or by simply making a mistake in the prescription. A health care provider may also prescribe the wrong dosage because of an inability to communicate, such as when the nurse reads the doctor's handwritten script in error or the pharmacist commits an error in filling the prescription. In other cases, the physician may delay the proper medication, which could result in the patient's health getting worse.
A person seeking compensation must prove, in order to win a malpractice lawsuit, that the medical professional breached their standard of practice and that their injuries were directly attributed to the negligence. This requires medical expert testimony. A medical malpractice case must prove the extent and severity of the victim's injuries. This includes the cost of treatment as well as any wages lost. The greater loss is then, the more valuable the claim will be.
Wrong Procedure
This kind of situation is not uncommon. It might seem impossible for medical professionals to perform the incorrect procedure on patients, but it's true. A surgeon who makes the mistake could be held liable for negligence. However those who are injured as a result of a surgical error may also be held liable for any negligence that occurred during the way to the procedure.
Any health professional who is accused of malpractice must show that the patient was hurt by a specific action or omission to act. To establish this the legal team representing the patient must demonstrate: (1) that the doctor was required to treat or provide care to the patient; (2) that he violated his duty; (3) that a causal connection exists between the breach and the injury and (4) the injury causes damages that the legal system could address.
A breach of the duty of care is meaningless unless it causes injury, this is why medical malpractice lawsuits are generally made based on a law known as "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 negligence.
Based on the facts of the case, the plaintiff (the patient or their legally appointed representative) or their attorney can file the claim in state or federal court. The majority of malpractice cases are filed with state courts, however in certain circumstances a medical negligence case may be filed in federal district court.
Wrong Surgery
Wrong-site surgery is a rare mistake, but it could be considered medical negligence if the procedure is performed on the wrong side of the body. This kind of error is typically caused by a lack of communication between members of a surgical team, or production pressure that leads to a surgeon being assigned multiple surgeries at the same time. In these cases the surgeon is not solely responsible for a misplaced procedure because of a legal rule known as "res ipsa locquitur" which says that the outcome speaks for itself and cannot be attributed to negligence.
If the patient is injured during an operation that was performed on the wrong site it is possible that the patient will require additional procedures to rectify problems that were made worse due to the error. This leads to costly medical expenses for patients and their families. It is crucial to consider these costs when calculating the financial impact of medical malpractice lawsuits.
The majority of times, surgeons are held responsible for surgical mistakes. They are responsible for preparing the patient for surgery, reviewing the medical record and chart of the patient, communicating with the medical personnel, and ensuring that the incision was made at the right place. In some cases hospitals or anesthesiologists could also be held accountable. Medical malpractice lawsuits are typically filed in state court, but can be transferred under certain circumstances to federal court.