Common Causes of Malpractice Litigation
Malpractice litigation is a tense procedure. If a patient can prove four factors, it will determine whether or not the error is malpractice. These are professional obligation or breach of that obligation; an injury that results from the breach; and quantifiable damage.
Plaintiffs must also prove the facts using evidence, such as expert testimony and depositions.
The wrong diagnosis and the inability to recognize
Failure to correctly diagnose an injury or illness accurately can lead to serious complications, or even death. Misdiagnosis is a common cause of medical negligence. To prove negligence, a patient or their lawyer needs to prove that an experienced doctor in similar circumstances would not have misdiagnosed a condition.
Misdiagnosis does not always constitute negligence. Even highly trained and experienced doctors make mistakes. Therefore, any claim of malpractice has to be supported by other elements like breach, proximate cause and actual injury. If a doctor does not sterilize his equipment prior the time he administers anesthesia and the patient is infected due to this, the doctor may be guilty.
Lawsuits that claim malpractice are usually filed in state trial courts, where the alleged malpractice occurred. However, federal courts might be able to handle cases in certain circumstances. For instance, a claim may be brought in federal court in the event of disputes over a statute of limitations or when there is a significant diversity of citizenship of the parties to the case. Certain claims are settled through arbitration that is binding and voluntary. This is a less formal procedure with professional decision makers. It is designed to cut costs, expedite legal proceedings and remove the risk of overly generous juries. However, arbitration isn't available for all malpractice claims.
The wrong dosage of medication
Medication errors--also called medication mistakes--are among the most common causes of medical malpractice lawsuits. They can be caused by a physician prescribing the wrong medication or delivering the wrong dose to a patient. These errors are often preventable. Depending on the circumstances the hospital or its staff, a pharmacist or other health care provider could be held responsible for the harms suffered by patients who were given the wrong dosage of a drug.
A doctor might prescribe the wrong medication to a patient as a result of an incorrect diagnosis or simply because he/she misreads the prescription. A health care professional could also prescribe the wrong dosage due to a breakdown in communication for example, when a nurse reads a doctor's handwritten script incorrectly or the pharmacist is mistaken in filling the prescription. In other instances, a doctor could delay the proper medication to the patient, which could result in their condition deteriorating.
A person seeking compensation must prove, in order to win a
malpractice lawsuit, that the medical professional breached their standards of practice and that their injuries were directly attributed to the negligence. This requires medical expert testimony. In addition, a medical mishap case must prove the extent of the victim's injuries and the damages they suffered because of the negligence. This includes the cost of treatment as well as any lost wages. In general, the greater a person's losses are and the greater the value of the claim will be.
Incorrect Procedure
This kind of incident is not uncommon. It may seem impossible for medical professionals to carry out the incorrect procedure on patients, but it's true. The surgeon who commits this error may be held responsible for negligence. If a patient is injured because of a surgical error may be held accountable for any error that occurred during the procedure.
A health care professional accused of
malpractice law firm must demonstrate that the patient was injured due to an act or inability to perform the act. To establish this the legal team representing the patient must prove: (1) that the doctor was required to provide treatment or care to the patient; (2) that he failed to fulfill his obligation; (3) that a causal connection exists between the breach and the injury and (4) the injuries result in damages that the legal system can deal with.
A breach of duty of care has no meaning unless it result in injury. This is why medical malpractice cases are usually founded on the legal doctrine "res ipsa locquitur" which says that certain injuries are so obvious they can be explained only through negligence.
Depending on the facts of the situation, the plaintiff (the patient or their legally appointed representative) or their attorney can make the claim in a state or federal court. Most malpractice cases are filed in state court, however under limited circumstances medical
malpractice lawsuits can be filed in federal district court.
Wrong Surgery
A wrong-site procedure is a rare error, but it may be considered medical malpractice if the procedure is carried out on the wrong portion of the body. This type of error is usually due to miscommunication between the members of a surgical team, or production pressure that leads to the surgeon being assigned multiple surgeries at one time. In these instances the surgeon isn't solely responsible for a misplaced procedure because of the legal principle known as "res ipsa locquitur" which states that the result is a matter of fact and cannot be blamed on negligence.
If an individual is injured in an improper procedure and is injured, they may require additional procedures in order to correct problems that were made worse by the mistake. Patients and their family members are left with hefty medical bills. These costs should be taken into consideration when calculating the financial consequences of medical malpractice claims.
Surgeons are usually held liable for surgical errors because they are the individuals who are responsible for properly making preparations for the operation and double-checking the patient's medical chart and medical records, communicating effectively with other members of the medical team and making sure that the incision has been placed at the right place. In some instances, a hospital or anesthesiologist can also be held liable. Medical malpractice cases are typically filed in state courts. However, under certain circumstances, they can be transferred to federal courts.