Common Causes of Malpractice Litigation
Malpractice litigation is a complex procedure. Whether or not the error constitutes malpractice depends on whether the patient can establish four legal elements which include professional duty; breach of this duty; harm caused by the breach and damages that can be quantifiable.
Plaintiffs must also prove the elements using evidence such as expert testimony and depositions.
The wrong diagnosis and the inability to recognize
Failure to correctly diagnose an injury or illness correctly can cause serious complications, or death. A large number of medical malpractice cases involve misdiagnosis. To show negligence, the patient or their lawyer must show that an experienced doctor in similar circumstances would not have misdiagnosed a problem.
Not every misdiagnosis is an error, but. Even the most skilled and trained doctors make mistakes, therefore the claim of
malpractice Lawyers must be backed by other elements like breach, proximate cause and actual injury. If a doctor fails sterilize his equipment before administering anesthesia, and the patient gets infected because of this, he could be guilty.
In most cases, lawsuits alleging malpractice will be filed in the state trial court in which the malpractice was alleged to have occurred. Federal courts could be able to hear cases in certain situations. A claim can be brought before federal court in certain circumstances. For instance it could be a dispute about the statute of limitations or when the parties are of different citizenships. Some claims are settled by arbitral arbitration, which is a binding process. This is a less formal process which involves professionals who make the decisions. It is designed to reduce expenses, speed up the legal process, and remove the risk associated with overly large juries. Arbitration is not accessible in all cases of malpractice.
Dosage of a drug that is incorrect
Medication errors, also known as medication mistakes are among the main causes of medical malpractice suits. They can involve a physician prescribing the wrong medication or giving the wrong dosage to patients. These mistakes are usually avoidable. According to the circumstances, a hospital staff member, a pharmacist or other health professionals could be held accountable for the injuries sustained by a patient who was prescribed the wrong dosage of a drug.
A doctor could prescribe the wrong medication to a patient as a result of an inaccurate diagnosis or simply by misreading the prescription. A health care provider can also prescribe the wrong dosage due to a breakdown in communication. For instance nurses might not read a doctor's prescription correctly or a pharmacist may make an error when filling the prescription. In other cases doctors may delay the proper medication to the patient, resulting in their condition worsening.
A plaintiff must prove to be successful in a malpractice lawsuit, that the medical professional breached their standard of practice and that their injuries were directly attributed to the negligence. This requires medical expert testimony. A medical malpractice claim also must prove the extent and severity of the victim's injuries. This includes the cost of treatment and any lost wage. The more loss you suffer of the claim, the greater the value of the claim.
Wrong Procedure
This kind of incident is not uncommon. It might seem impossible for medical professionals to perform the wrong procedure on patients however, it is a reality. The surgeon who makes this error could be held accountable for negligence. If a patient is injured due to an error during surgery may be held liable for any errors that occured during the procedure.
A health professional accused of
malpractice lawyer must demonstrate that a patient was injured by an act or failure to take action. To prove this the legal team representing the patient must demonstrate that: (1) the doctor was bound by the obligation to provide medical care or treatment; (2) that the doctor breached this duty; (3) that there is a direct causal link between the breach and the injury and (4) that the injury causes damages that the legal system could be able to address.
A breach of the duty of care is meaningless unless it causes injury this is why medical malpractice claims are usually based on a legal doctrine known as "res ipsa loquitur." This law states that, in many instances certain injuries are obvious and evident that they can only be explained through negligent acts.
Depending on the circumstances depending on the facts, the plaintiff (the person who filed the claim or their legal representative) or their lawyer can decide to file the case in state or federal court. Most malpractice cases are filed in state court, however in certain 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 part of the body. This kind of error is often caused by miscommunications between members of the surgical team, or by production pressures that lead to the surgeon performing multiple surgeries at once. In these instances the surgeon isn't all-in on his liability for a wrong-site surgery due to a legal principle called "res ipsa loquitur" which means that the outcome of the error speaks for itself and cannot be attributed to negligence.
If an individual is injured in an incorrect procedure the patient may need additional procedures to correct problems that were exacerbated due to the error. This results in costly medical bills for patients and their families. It is crucial to take these costs into account when calculating the financial burden of medical malpractice claims.
Surgeons are usually held liable for surgical errors because they are the individuals who are responsible for getting ready for the procedure, double-checking the patient's chart and medical records, coordinating effectively with the other members of the medical team, and making sure the incision is placed at the right place. In certain instances the hospital or anesthesiologist can also be held liable. Medical malpractice claims are usually filed in state courts, but in certain situations, they can be transferred to federal court.