Common Causes of Malpractice Litigation
The process of bringing a malpractice lawsuit is a complex procedure. The degree to which an error is considered to be malpractice is dependent on the ability of the patient to prove four legal elements such as a professional duty and breach of this duty; harm resulting from the breach; and damages that can be quantifiable.
Plaintiffs must also prove these elements by presenting evidence like expert testimony, depositions, and discovery.
The wrong diagnosis or the inability to diagnose
The failure of a physician to correctly diagnose an illness or injury can result in serious complications or even death. Many medical malpractice cases result from mistaken diagnosis. To prove negligence, the patient or their lawyer must demonstrate that a competent doctor in similar circumstances and in the same area would not have misdiagnosed the condition.
The misdiagnosis of a patient does not always mean negligence. Even highly skilled and experienced doctors make mistakes, and the claim of malpractice must be backed by other elements such as breach, proximate cause and actual injury. If a doctor does not sterilize his equipment prior the time he administers anesthesia and the patient gets infected because of this, the doctor might be liable.
In most instances, lawsuits claiming malpractice will be filed in the state trial court where the alleged misconduct occurred. However, federal courts may be able to hear cases in specific circumstances. A case may be brought before a federal court in specific circumstances. For instance it could involve a dispute about the statute of limitations or in the event that the parties have different nationalities. In other cases, certain claims are resolved through binding arbitration that is voluntary. This is a less formal procedure that is governed by professional decision makers. It is designed to minimize costs, expedite the legal process, and reduce the risk of overly large juries. Arbitration is not available in all instances of malpractice.
Wrong Drug Dosage
Medication errors, also referred to as medication errors, are one of the leading causes of medical malpractice suits. They can involve a physician writing a prescription that is not correct or giving the wrong dosage to a patient. These mistakes are often avoidable. Based on the circumstances, a hospital or its staff, pharmacist or other health professionals could be held accountable for the injuries of a patient who was given the wrong dosage of medication.
A doctor might prescribe the incorrect medication to a patient because of an inaccurate diagnosis or simply due to a misreading of the prescription. A health care professional may also administer the wrong dosage due to a breakdown in communication. For example nurses may take a doctor's prescription and read it incorrectly or a pharmacist might have a mistake while filling the prescription. In other instances the doctor could delay delivering the correct medication, which could cause the patient's condition to getting worse.
A person who suffers from a medical malpractice claim must prove, for the sake of winning a malpractice claim, that the medical professional violated their standard of practice and that their injuries were directly caused by the negligence. This requires medical experts to provide evidence. A medical
malpractice lawyers case also must prove the extent and severity of the victim's injuries. This includes the cost of treatment as well as any lost wage. The more loss you suffer, the higher the value of the claim.
The wrong procedure
This kind of situation is not unusual. It may seem like a challenge for medical professionals to carry out the incorrect procedure on patients, but it does happen. If a surgeon makes this error may be held liable for negligence. However the patient who is injured by a surgical mistake could also be held accountable for any negligence that occurred during the path to the procedure.
A health care professional accused of malpractice must demonstrate that the patient was injured because of an act or inability to take action. To establish this the legal counsel of the patient must demonstrate that: (1) the doctor was in a duty to provide care or treatment; (2) that the doctor breached this duty; (3) that there is a direct and causal connection between the breach and the injury and (4) that the injury causes damages that the legal system is able to resolve.
A breach of the duty of care is meaningless unless it causes injury, this is why medical malpractice claims are typically based on a legal doctrine known as "res ipsa loquitur." This law says that, in many instances certain injuries are so obvious and recognizable that they can only be explained through negligent acts.
Based on the facts of the case, the plaintiff (the patient or their legally designated representative) or their attorney can present the claim to state or federal court. The majority of
malpractice lawyers cases are filed in state courts, but in certain circumstances the medical negligence lawsuit can be filed in federal district court.
Wrong Surgery
The procedure that is performed on the wrong site is not common, but can be considered medical malpractice when the procedure is performed in the wrong location of your body. This type of mistake is usually caused by miscommunications between members of the surgical team, or due to pressures in the production process that result in surgeons having multiple surgeries at once. In these instances the surgeon isn't the only one with liability for a wrong-site surgery because there is an underlying legal principle referred to as "res ipsa loquitur" which means that the effect of the error speaks for itself and cannot be traced to negligence.
If a patient is injured by wrong-site surgery, he or she may require additional treatments to correct problems exacerbated by the surgical mistake. Patients and their family members are left with hefty medical bills. It is important to keep these costs in mind when calculating the financial costs of medical malpractice lawsuits.
Surgeons are most often found to be responsible for surgical mistakes since they are the ones who are responsible for preparing for the operation by double-checking patient's chart and medical records, coordinating effectively with the other members of the medical team, and making sure that the incision is made on the correct site. In certain instances an anesthesiologist or hospital may also be held responsible. Medical
malpractice law firms cases are typically filed in state courts, however, in certain situations, they can be transferred to federal court.