Common Causes of Malpractice Litigation
The process of bringing a malpractice lawsuit is a complex procedure. If a patient can demonstrate four factors, it will determine whether or not the error is a case of malpractice. These are professional obligation in breach of this obligation; an injury that results from this breach; and measurable damages.
Plaintiffs must demonstrate these elements with evidence like expert testimony, depositions, and discovery.
Incorrect diagnosis or failure to diagnose
A physician's inability to diagnose an illness or injury can result in serious complications or even death. A large number of medical
malpractice attorney cases involve incorrect diagnosis. To prove negligence, the patient or their attorney must prove that a competent doctor under similar circumstances and in the same field would not have misdiagnosed the problem.
Misdiagnosis doesn't always mean negligence. Even highly trained and experienced doctors make mistakes, and any claim of malpractice has to be backed by other elements like breach, proximate cause and actual injury. If a doctor fails to sterilize his equipment before administering anesthesia and the patient is infected because of this, the doctor could be found to be negligent.
In most cases, lawsuits alleging malpractice will be filed in the state trial court in which the alleged malpractice took place. However, federal courts may be able to handle cases in certain circumstances. For instance, a lawsuit could be filed in federal court if there is a dispute over a statute of limitations or if there is a substantial variety of citizenship among the parties in the case. Alternatively, some claims are resolved through binding arbitration that is voluntary. This is a less formal process with professional decision makers. It is designed to cut costs, expedite legal proceedings and remove the possibility of excessively generous juries. Arbitration is not available in all cases of malpractice.
Dosage of a drug that is incorrect
Medication mistakes, also referred to as medication errors, are one of the main causes of medical malpractice lawsuits. These errors are caused by a doctor who has submitted a prescription in the wrong format or giving the patient the wrong dosage. These errors are generally preventable. Based on the circumstances the pharmacy, hospital or other health care provider could be held responsible for the harm caused by a patient who was given the wrong dose of a drug.
A doctor could prescribe the incorrect medication to a patient as a result of an inaccurate diagnosis or simply because they misread the prescription. A health professional may also prescribe the wrong dosage due to an issue with communication, such as when the nurse reads the doctor's handwritten script in error or the pharmacist makes a mistake in filling the prescription. In other cases, a doctor could delay the proper medication to the patient, resulting in their condition becoming worse.
To prevail in a
malpractice lawsuit, a victim must establish that the medical professional violated their standard of care, and that the negligence directly contributed to the injuries. This requires medical experts to be present. Additionally, a medical malpractice case must establish the severity of the injuries suffered by a victim and the damages they sustained because of the negligence. This includes the cost of treatment as well as any lost wage. The more money you lose, 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 wrong procedure on patients, however, it is a reality. A surgeon who commits the mistake could be held liable for negligence. However those who are injured due to a surgical error may also be held liable for any negligence that occurred the path to the procedure.
A health care professional who is accused of negligence must prove that a patient was injured by a specific act, or failure to perform the act. To prove this, the legal team representing the patient has to prove: (1) that the doctor was legally obligated to provide treatment or care to the patient; (2) that he violated his duty; (3) that a causal connection exists between the negligence and injury and (4) the injuries result in damages that the legal system could address.
A breach of the duty of care is not relevant unless it causes injury that's why medical
malpractice attorneys lawsuits are generally made based on a law called "res ipsa loquitur." This law states that, in a lot of instances certain injuries are obvious and recognizable that they are only explained by negligent acts.
Depending on the facts of the situation, the plaintiff (the patient or their legally appointed representative) or their attorney may present the claim to federal or state court. The majority of malpractice cases are filed in state court, but under certain circumstances, a medical malpractice lawsuit can be brought in federal district court.
Wrong Surgery
The wrong-site surgery is a common mistake, but it could be considered medical malpractice when the procedure is performed on the wrong area of the body. This type of error is usually the result of miscommunications between the surgical team, or due to production pressures that result in surgeons having multiple surgeries scheduled at the same time. In these situations the surgeon isn't all-in on his responsibility for an incorrect-site procedure due to a legal principle called "res ipsa loquitur" which means that the effect of the error speaks for itself and cannot be attributed to negligence.
If a patient is injured due to surgery performed on the wrong site the patient may require additional procedures to fix problems caused by the surgical error. Patients and their families are left with expensive medical bills. It is important to keep these costs in mind when calculating the financial impact of medical malpractice claims.
Surgeons are usually found to be responsible for surgical mistakes as they are the ones who are responsible for properly making preparations 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 the incision is done at the correct place. However, in some cases an anesthesiologist or a hospital could also be held responsible. Medical malpractice lawsuits are typically filed in state courts, but can be transferred under certain circumstances to federal court.