Common Causes of Malpractice Litigation
Malpractice litigation is a complex procedure. Whether or not an error is considered to be malpractice is dependent on whether the patient can establish four legal elements that include a professional obligation; breach of this duty; harm resulting from the breach; and the possibility of quantifiable damages.
Plaintiffs must demonstrate these elements with evidence like expert testimony, depositions, and discovery.
Incorrect diagnosis and inability to diagnose
A physician's inability to diagnose an illness or injury could result in grave complications, or even death. Many medical malpractice cases result from incorrect diagnosis. To prove negligence, a patient or their lawyer must prove that an experienced doctor in similar circumstances would not have misdiagnosed a problem.
It is not always a case of an error, but. Even experienced and highly trained doctors can make errors. Therefore, any claim of malpractice has to be backed up by other elements such as breach, proximate cause or actual injury. If a doctor fails sterilize his equipment prior to administering anesthesia, and the patient develops an infection due to this, the doctor may be held accountable.
In most cases, lawsuits alleging malpractice will be filed in the state trial court where the alleged misconduct occurred. Federal courts could, however, have jurisdiction in certain circumstances. A case may be brought before a federal court under certain circumstances. For example, it may involve a dispute about the statute of limitations or when the parties are of different nationalities. Alternatively, some claims are settled through voluntary binding arbitration. This is a non-formal procedure which involves professionals who make the decisions. It is designed to lower costs, speed up legal process, and reduce the risks associated with large juries. However, arbitration isn't accessible for all claims of malpractice.
Wrong Drug Dosage
Medication errors, also referred to as medication errors are among the main reasons for medical malpractice lawsuits. They can be caused by a physician writing a prescription incorrectly or giving the wrong dosage to patients. These mistakes are usually avoidable. In certain circumstances, a hospital or its staff, a pharmacist or other health care provider may be held liable for the injuries sustained by the patient who received the wrong dosage of a drug.
A doctor may prescribe the wrong medication because of a misdiagnosis, or simply making a mistake in the prescription. A health care professional may also prescribe the wrong dosage due to a breakdown in communication. For instance the nurse might take a doctor's prescription and read it incorrectly or a pharmacist may fail to fill the prescription. In other instances, the physician may delay giving the correct medication, which can cause the patient's illness to worsening.
A person seeking compensation must prove, in order to win a malpractice claim that the medical professional breached their standard of practice and that their injuries were directly attributed to the negligence. This requires testimony from a medical expert. Medical
malpractice lawyers cases also must prove the extent and damages of the victim's injuries. This includes the cost of treatment as well as any lost wage. The greater the loss is, the more valuable of the claim.
The wrong procedure
It's not likely for medical professionals to perform the incorrect procedure on a patient however, this type of event can occur. The surgeon who makes this mistake could be held liable for negligence. However the patient who is injured as a result of a surgical error could also be held accountable for any negligence that occurred the way to the procedure.
Any health professional who is accused of malpractice must show that the patient was injured due to a specific act or inaction. To prove this the legal team of the patient has to prove: (1) that the doctor was required to provide care or treat the patient; (2) that he failed to fulfill his obligation; (3) that a causal connection exists between the negligence and injury; and (4) the harm results in damages that which the legal system may address.
A breach of the duty of care has no significance unless it causes injury which is why medical malpractice claims are typically built on a legal concept called "res ipsa loquitur." This law says that, in many instances, certain injuries are so evident and obvious that they are only explained by negligent actions.
Depending on the facts of the situation, the plaintiff (the patient or their legally designated representative) or their attorney could make the claim in a federal or state court. Most malpractice cases are filed in state court, however in certain circumstances, a medical malpractice lawsuit may be filed in federal district court.
Wrong Surgery
The wrong-site procedure is rare, but can be considered medical malpractice when the procedure is done in the wrong part of your body. This type of error is usually caused by a lack of communication between members of the surgical team, or due to pressures on production that result in surgeons being assigned multiple surgeries at once. In these cases the surgeon isn't solely responsible for a misplaced procedure because of a legal rule known as "res ipsa locquitur" which says that the result is a matter of fact and cannot be blamed on negligence.
If a patient is injured during an incorrect procedure it is possible that the patient will require additional procedures in order to correct issues that were caused by the mistake. Patients and their families are left with high medical bills. These costs should be considered when calculating the financial impact of medical
Malpractice Lawyer claims.
Surgeons are most often held liable for surgical errors since they are the ones who are accountable for prepping for the operation as well as double-checking the patient's charts and medical records, communicating effectively with other members of the medical team and making sure the incision is placed at the right place. However, in some instances a hospital or anesthesiologist may be held accountable. Medical malpractice claims are generally filed in state court but may be transferred in certain circumstances to federal court.