Common Causes of Malpractice Litigation
Malpractice litigation is a tense process. The question of whether or not an error is malpractice based on whether the patient can prove four legal elements such as a professional duty and breach of this duty; harm due to the breach and quantifiable damages.
Plaintiffs must also prove the elements using evidence, such as expert testimony and depositions.
Misdiagnosis and Failure to Diagnose
Failure to diagnose an injury or illness correctly can cause serious complications, or death. Many medical malpractice cases involve misdiagnosis. To prove negligence the patient or their attorney must demonstrate that a competent doctor under similar circumstances and in the same specialty would not have misdiagnosed the condition.
A misdiagnosis is not always malpractice. Even highly skilled and experienced doctors make mistakes, therefore an allegation of malpractice needs to be backed by other elements such as breach, proximate cause and actual injury. For example If a doctor is not careful to sterilize their equipment prior to giving anesthesia to a patient and they develop an infection in the process the doctor could be liable for malpractice.
Legal actions claiming malpractice are usually filed in state trial courts where the alleged error occurred. Federal courts can be able to hear cases in certain instances. A claim can be brought before federal court in certain circumstances. For instance it could be disputes over a statute of limitation or when the parties have different citizenships. Certain claims are settled through binding voluntary arbitration. This is a less formal process that involves professional decision makers. It is designed to cut costs, expedite the legal proceedings, and eliminate the risks associated with generous juries. However, arbitration isn't available for all
Malpractice Lawyer claims.
Wrong Drug Dosage
Medication errors, also known as medication mistakes are among the main reasons for medical malpractice lawsuits. These errors could be caused by a physician submitting a prescription in a wrong format or giving the patient the incorrect dosage. These errors are usually avoidable. In the event of an incident the pharmacy, hospital or other health care providers could be held responsible for the injuries caused by a patient who received the wrong dosage of a medication.
A doctor can prescribe the wrong medicine because of a misdiagnosis or simply failing to read the prescription. A health care provider can also administer the wrong dosage due to a lapse in communication. For instance nurses might not read a doctor's prescription correctly or a pharmacist might have a mistake while filling the prescription. In other cases the doctor may delay the administration of the correct medication to the patient, resulting in their condition becoming worse.
A plaintiff must prove in order to prevail on a malpractice claim that the medical professional breached their standards of practice and that their injuries were directly attributed to the negligence. This requires medical experts to be able to testify. Medical malpractice cases also must prove the extent and damages of the victim's injuries. This includes the costs of a person's treatment and any lost wages. The more loss you suffer, the higher the value of the claim.
Incorrect Procedure
It might seem absurd for medical professionals to perform the incorrect procedure on a patient however, this kind of thing does occur. A surgeon who makes this error can be found to be liable for malpractice. A patient who is injured because of an error during surgery can be held responsible for any negligence that occurred during the procedure.
Any health care professional who is accused of malpractice must prove that the patient was harmed due to a specific act or inaction. To prove this, the patient's legal team must prove that (1) the doctor was under an obligation to provide care or treatment; (2) that the doctor breached the duty of care; (3) that there is a direct causal connection between the breach and the injury; and (4) that the injury results in damages that the legal system can deal with.
A breach of the duty of care is insignificant unless it causes injury, that's why medical malpractice claims are usually made based on a law known as "res ipsa loquitur." This law says that, in a majority of cases certain injuries are obvious and evident that they can only be explained by negligent acts.
Depending on the circumstances of the case, the plaintiff (the patient or their legally designated representative) or their attorney can file the claim in state or federal court. Most malpractice cases are filed in state courts, however under certain circumstances medical
malpractice lawsuits may be filed in federal district court.
Wrong Surgery
A wrong-site procedure is a rare error, but it may be considered medical
malpractice when the procedure is performed on the wrong part of the body. This kind of error is often the result of miscommunication between the members of a surgical team, or production pressure that leads to the surgeon being tasked with multiple surgeries at once. In these instances the surgeon isn't alone in his or her responsibility for a surgical error that is not performed correctly because there is a legal rule known as "res ipsa loquitur" which means that the result of the error is evident and cannot be attributed to negligence.
If a patient is injured during a wrong-site procedure it is possible that the patient will require additional procedures to fix problems that were aggravated by the error. Patients and their family members are left with hefty medical bills. These expenses must be considered when calculating the financial impact of medical malpractice claims.
Surgeons are most often held liable for surgical errors since they are the ones who are responsible for properly prepping 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 located at the correct location. In some instances the hospital or anesthesiologist could also be held accountable. Medical malpractice claims are usually filed in state courts, however, under certain circumstances, they can be transferred to federal court.