Common Causes of Malpractice Litigation
malpractice law firm litigation can be a difficult procedure. The degree to which an error constitutes malpractice depends on the ability of the patient to establish four legal elements that include a professional obligation; breach of this duty; injury resulting from the breach; and damages that can be quantifiable.
Plaintiffs must be able to prove the elements using evidence like expert testimony and depositions.
The wrong diagnosis or the inability to diagnose
The failure of a physician to accurately diagnose an illness or injury can lead to grave complications, or even death. A large number of medical malpractice cases involve mistakes in diagnosis. To establish negligence, a patient or their lawyer must demonstrate that an experienced doctor in similar circumstances would not have misdiagnosed an illness.
There are many misdiagnosis that could be considered malpractice, however. Even highly skilled and experienced doctors can make mistakes. Therefore, any claim for malpractice must be backed by other elements such as breach, proximate causes and actual injury. If a doctor fails to sterilize his equipment prior to giving anesthesia, and the patient becomes infected due to this, the doctor might be found to be negligent.
The majority of lawsuits involving malpractice are filed in state trial courts where the alleged malpractice occurred. However, federal courts could be able to handle cases in certain circumstances. A claim can be brought before a federal court under certain circumstances. For example, it may involve a dispute about a statute of limitation or when the parties are of different citizenships. Certain claims are settled through binding arbitration. This is a non-formal procedure which involves professionals who make the decisions. It is designed to minimize costs, expedite the legal process, and remove the risk associated with overly generous juries. However, arbitration isn't available for all claims of
Malpractice lawyer.
Dosage for a drug that is not correct
Medication errors, also referred as medication mistakes are among the most common causes of medical malpractice lawsuits. They can be caused by a physician writing a prescription incorrectly or administering the wrong dosage to the patient. These errors are usually avoidable. In certain circumstances the hospital or its staff, pharmacist or other health professionals could be held responsible for the injuries suffered by patients who were given the wrong drug dosage.
A doctor may prescribe the wrong medicine because of a misdiagnosis or by simply making a mistake in the prescription. A health professional can also prescribe the wrong dosage because of a glitch in communication. For instance, a nurse may take a doctor's prescription and read it incorrectly or a pharmacist could make a mistake when filling the prescription. In other instances the doctor might delay the proper medication, which can cause the patient's condition to worsening.
To prevail in an action for malpractice, a victim must prove that the medical professional acted in breach of their duty of care and that the negligence directly contributed to their injuries. This requires medical expert testimony. Furthermore, a medical negligence claim must establish the extent of a victim's injuries and the damages they sustained because of the negligence. This includes the cost of treatment and any lost wage. Generally, the greater a loss is, the more valuable the claim will be.
The wrong procedure
This type of incident is not unusual. It might seem unattainable for medical professionals to carry out the wrong procedure on patients but it's true. A surgeon who commits this error may be held responsible for negligence. If a patient is injured as a result of an error in surgery could be held liable for any mistakes that were made during the procedure.
Any health professional who is alleged to be negligent must show that the patient was hurt by a specific act or failure to act. To establish this, the legal team of the patient must show: (1) that the doctor was legally obligated to care for 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 injury results in damages the legal system can address.
A breach of duty of care is no value unless it results in injury. This is why medical malpractice cases are typically dependent on the lawful doctrine "res ipsa locquitur" which states that certain injuries are so obvious that they can only be explained by negligence.
Based on the facts of the situation, the plaintiff (the patient or their legally designated representative) or their attorney could bring the case in federal or state court. The majority of malpractice cases are filed in state courts, however under limited circumstances the medical
malpractice lawsuit can be filed in federal district court.
Wrong Surgery
The wrong-site surgery is a common error, but it can be considered medical malpractice if the procedure is performed on the wrong area of the body. This type of mistake is usually the result of miscommunications between the surgical team, or production pressures that result in the surgeon performing multiple surgeries at once. In these instances the surgeon is not solely responsible for a wrong-site procedure due to a legal principle known as "res ipsa locquitur" which states that the outcome is a matter of fact and cannot be attributed to negligence.
When a patient is injured due to surgery performed on the wrong site and is injured, they may require additional treatments to correct problems exacerbated by the surgical mistake. Patients and their family members are left with hefty medical bills. This expense should be taken into consideration when calculating the financial consequences of medical malpractice lawsuits.
Surgeons are often found to be responsible for surgical mistakes because they are the ones who are responsible for making preparations 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 done at the correct place. In some cases an anesthesiologist or hospital may also be held responsible. Medical malpractice lawsuits are usually filed in state courts. However, in certain situations they may be transferred to federal courts.