Common Causes of Malpractice Litigation
Malpractice litigation is a tense process. If an error is considered to be malpractice is dependent on whether the patient is able to establish four legal elements such as a professional duty; breach of this duty; injury due to the breach and the possibility of quantifiable damages.
Plaintiffs must also prove the facts using evidence like expert testimony and depositions.
Incorrect diagnosis and inability to diagnose
The failure of a physician to diagnose an illness or injury could lead to serious complications or even death. A large number of medical malpractice cases involve mistaken diagnosis. To prove negligence, the patient or their attorney must prove that a competent physician under similar circumstances and working in the same field would not have misdiagnosed the problem.
Not every misdiagnosis is malpractice, however. Even the most skilled and trained doctors make mistakes, therefore the claim of malpractice must be backed by other elements such as breach, proximate cause and actual injury. For example the case where a physician does not properly sterilize their equipment prior to giving anesthesia and the patient suffers an infection because of it the doctor may be guilty of malpractice.
In the majority of cases, lawsuits that allege malpractice will be filed in the state trial court where the alleged error occurred. Federal courts could be able to hear cases in certain instances. A claim can be brought before federal court in certain circumstances. For instance it could involve an issue regarding a statute of limitation or if the parties are of different nationalities. Certain disputes are settled via arbitration that is binding and voluntary. This is a less formal process that is governed by professional decision makers. It is designed to cut costs, speed up legal process, and remove the risk of overly generous juries. Arbitration is not available in all cases of malpractice.
Wrong Drug Dosage
Medication errors, also referred to as medication errors, are one of the leading causes of medical
Malpractice lawyer lawsuits. These errors can be caused by a doctor who has submitted prescriptions in the wrong format or giving the patient the wrong dosage. These errors are generally preventable. Based on the circumstances the hospital staff member, a pharmacist or other health care provider could be held responsible for the injuries sustained by the patient who received the wrong dosage of a drug.
A doctor may prescribe the incorrect medication to a patient because of an inaccurate diagnosis or simply because he/she misreads the prescription. A health care professional could also administer the wrong dosage due to an issue with communication, such as when nurses read a doctor's handwritten script incorrectly or the pharmacist makes a mistake in filling out the prescription. In other instances the doctor could delay the proper medication, which can lead to the patient's condition worsening.
To win a malpractice case, a victim must prove that the medical professional acted in breach of their standards of care and that the negligence directly contributed to the injuries. This requires medical experts to be able to testify. A medical malpractice case also must prove the severity and severity of the victim's injuries. This includes the costs of treatment for the victim as well as any wages lost. In general, the greater a loss is in the greater value of the claim will be.
Unskillful Procedure
This type of incident is not unusual. It may seem like a challenge for medical professionals to perform the incorrect procedure on patients however, it happens. The surgeon who makes this error could be held accountable for negligence. A patient who suffers injury because of an error during surgery may be held responsible for any mistakes that were made during the procedure.
Any health care professional who is alleged to be negligent must prove that the patient was harmed by a specific action or omission to act. To establish this the legal team of the patient must prove: (1) that the doctor was obligated to provide care or treat the patient; (2) that he breached that duty; (3) that a causal connection exists between the breach and the injury and (4) the injury causes damages that the legal system can address.
A breach of duty of care has no meaning unless it result in injury. This is why medical malpractice cases are typically based on the legal doctrine "res ipsa locquitur," which says that certain injuries are so obvious that 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 may decide to file a lawsuit either in state or federal court. The majority of malpractice cases are filed in state court. However, in certain circumstances, a medical malpractice lawsuit can be brought in federal district court.
Wrong Surgery
The wrong-site surgery is a common mistake, but it could be considered medical malpractice when the procedure is performed on the wrong side of the body. This type of mistake is usually caused by a lack of communication between members of the surgical team, or by production pressures that lead to surgeons being assigned multiple surgeries at once. In these instances the surgeon is not solely responsible for a misplaced procedure because of a legal rule known as "res ipsa locquitur", which states that the outcome speaks for itself and cannot be attributed to negligence.
If an individual is injured in an incorrect procedure and is injured, they may require additional procedures in order to correct issues that were caused due to the error. This results in costly medical expenses for patients and their families. These expenses must be taken into consideration when calculating the financial impact of medical
malpractice lawsuits.
Most often, surgeons are held responsible for surgical mistakes. They are responsible in preparing the patient prior to surgery, reviewing the chart and medical records of the patient, communicating with the rest of the medical team, and ensuring that the incision was made in the correct place. In some cases hospitals or anesthesiologists may also be held responsible. Medical malpractice claims are typically filed in state court but they may be transferred under certain circumstances to federal court.