Common Causes of Malpractice Litigation
Malpractice litigation involves a complex procedure. If a patient can prove four elements, it will be able to determine whether or not the mistake is a case of malpractice. These are the following: a professional obligation and a breach of that duty; a loss resulting from this breach; and quantifiable damages.
Plaintiffs must also prove the elements by using evidence like expert testimony and depositions.
The wrong diagnosis or the inability to diagnose
A physician's inability to diagnose an illness or injury could result in grave complications, or even death. A large number of medical malpractice cases involve misdiagnosis. To show negligence, the patient or their lawyer must demonstrate that a qualified doctor in similar circumstances would not have misdiagnosed a problem.
Misdiagnosis doesn't always mean malpractice. Even the most skilled and trained doctors make mistakes, and any claim of malpractice has to be backed by other elements such as breach, proximate causation, and actual injury. If a doctor fails sterilize his equipment prior the time he administers anesthesia, and the patient develops an infection due to this, the doctor might be found to be negligent.
Legal actions claiming malpractice are usually filed in state trial courts where the alleged misconduct occurred. Federal courts may be able to handle the case in certain circumstances. A case can be brought before a federal court under certain circumstances. For instance it could involve disputes over a statute of limitation or when the parties are of different citizenships. Some claims can be settled through voluntary binding arbitration. This is a less formal process involving professional decision makers that is intended to cut costs, expedite legal proceedings and reduce the possibility of excessively generous juries. However, arbitration is not accessible for all malpractice claims.
Dosage for a drug that is not correct
Medication errors--also called medication mistakes--are one of the main causes of medical malpractice lawsuits. These errors are caused by a physician who writes prescriptions in the wrong format, or giving the patient the wrong dosage. These mistakes are usually avoidable. Based on the circumstances, a pharmacy, a hospital or other health care provider could be held accountable for the injuries caused by a patient who was given the wrong dose of a drug.
A doctor could prescribe incorrect medication to a patient because of an inaccurate diagnosis or simply because he/she misreads the prescription. A health professional can also administer the incorrect dosage due to a failure in communication. For instance nurses might interpret a doctor's prescription incorrectly or a pharmacist could make a mistake when filling the prescription. In other instances the doctor may delay administering the correct medication to the patient, resulting in the patient's condition getting worse.
A plaintiff must prove for the sake of winning a malpractice lawsuit, that the medical professional breached their standard of practice and that their injuries were directly caused by the negligence. This requires medical experts to be able to testify. Furthermore, a medical negligence case must establish the severity of a victim's injuries and the damage they sustained as a result of the negligence. This includes the costs of a person's treatment and any lost wages. The greater loss is then, the more valuable the claim will be.
Incorrect Procedure
It may seem impossible that medical professionals could perform the wrong procedure on a patient, but this type of incident does occur. The surgeon who makes the mistake could be held liable for malpractice. However, a patient who is injured due to a surgical error could also be held accountable for any negligence that occurred during the process.
Any health care professional who is accused of
malpractice lawyer must prove that the patient was hurt by a specific action or omission to act. To prove this, the legal team of the patient has to prove: (1) that the doctor had a responsibility to provide care or treat the patient; (2) that he did not fulfill that duty; (3) that a causal link exists between the negligence and injury; and (4) the injury causes damages that the legal system can deal with.
A breach of the duty of care is meaningless unless it causes injury this is why medical malpractice lawsuits are generally built on a legal concept called "res ipsa loquitur." This law says that, in a majority of cases, certain injuries are so obvious and recognizable that they can only be explained by negligent acts.
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 in state courts, however in certain situations, a medical negligence lawsuit can be brought to federal district court.
Wrong Surgery
Wrong-site surgery is a rare mistake, but it could be considered medical malpractice if the procedure is performed on the wrong side of the body. This type of error usually occurs as caused by a lack of communication between members of a surgical team or production pressure that leads to an individual surgeon being assigned multiple surgeries simultaneously. In these situations, a surgeon is not solely responsible for an incorrect-site procedure because of a legal rule known as "res ipsa locquitur", which states that the outcome is a matter of fact and cannot be blamed on negligence.
If the patient is injured during an incorrect procedure it is possible that the patient will require additional procedures to rectify problems that were aggravated by the mistake. Patients and their families are left with high medical bills. These expenses should be taken into consideration when calculating the financial impact of medical malpractice claims.
Surgeons are often found to be responsible for surgical mistakes because they are the ones who are responsible for prepping 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 certain instances, a hospital or anesthesiologist may also be held responsible. Medical
Malpractice Lawyers cases are usually filed in state courts, but they may be transferred under certain circumstances to federal court.