Common Causes of Malpractice Litigation
Malpractice litigation involves a complex procedure. If a person 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 or breach of that obligation; a repercussion from the breach; and quantifiable damage.
Plaintiffs must also prove these elements by presenting evidence like expert testimony, depositions, or discovery.
Incorrect diagnosis or failure to diagnose
Failure to correctly diagnose an illness or injury accurately can lead to serious complications, or even death. A lot of medical malpractice cases involve mistakes in diagnosis. To prove negligence the patient or their attorney must prove that a competent physician under similar circumstances and in the same area would not have misdiagnosed the condition.
Every misdiagnosis can be considered to be malpractice, however. Even highly trained and experienced doctors make mistakes, so an allegation of malpractice needs to be supported by other factors such as breach, proximate causality and actual injury. If a doctor fails sterilize his equipment prior the time he administers anesthesia and the patient is infected due to this, the doctor may be found to be negligent.
In the majority of cases, lawsuits alleging malpractice will be filed in the state trial court in which the alleged malpractice took place. However, federal courts could be able to handle cases in certain circumstances. A case may be brought before a federal court in certain circumstances. For instance, it may involve the issue of a statute of limitation or when the parties are of different nationalities. Certain disputes are settled through binding voluntary arbitration. This is a less formal procedure that involves professional decision makers. It is designed to minimize costs, expedite the legal process, and reduce the risk of overly large juries. Arbitration is not always available in cases of malpractice.
The wrong dosage of medication
Medication errors, also known as medication mistakes, are one of the most common causes of medical
malpractice lawsuits. They can involve a physician prescribing the wrong medication or delivering the wrong dose to a patient. These errors are generally preventable. In the event of an incident the pharmacy, hospital or other health care provider could be held responsible for the injuries resulting from an individual who took the wrong dose of a medication.
A doctor can prescribe the wrong medicine because of a misdiagnosis or simply failing to read the prescription. A health care professional could also administer the wrong dosage due to a breakdown in communication for example, when a nurse reads the handwritten prescription of a doctor incorrectly or the pharmacist commits an error in filling out the prescription. In other situations, a doctor could delay administering the correct medication to the patient, which could result in their condition worsening.
To be successful in an action for malpractice, a victim must prove that the medical professional did not meet their standard of care and that the negligence directly contributed to their injuries. This requires testimony from a medical expert. In addition, a medical mishap case must establish the severity of the victim's injuries as well as the damage they sustained as a result of the negligence. This includes the cost of treatment for a patient and any wages lost. Generally, the greater a loss is and the greater the value of the claim will be.
Unskillful Procedure
It may seem impossible for medical professionals to perform the wrong procedure on a patient, but this type of mishap is quite common. A surgeon who makes the mistake could be held liable for malpractice. However the patient who is injured as a result of a surgical error may also be held liable for any negligence that occurred during the path to the procedure.
Any health care professional who is accused of malpractice must show that the patient was injured through a specific act or inaction. To prove this, the legal team representing the patient must demonstrate: (1) that the doctor was legally obligated to treat or provide care to the patient; (2) that he did not fulfill that duty; (3) that a causal connection exists between the negligence and injury; and (4) the injury causes damages that which the legal system may address.
A breach of the duty of care has no significance unless it causes injury this is why medical malpractice claims are typically founded on a legal principle known as "res ipsa loquitur." This law says that, in the majority of cases certain injuries are obvious and unmistakable that they can only be explained by negligent actions.
Depending on the facts, the plaintiff (the person who filed the claim or their legal representative) or their lawyer can choose to file in either state or federal court. Most
malpractice cases are filed in state courts, however in certain circumstances, a medical malpractice case may be filed in federal district court.
Wrong Surgery
The wrong-site procedure is rare however, it could be a case of medical malpractice when the procedure is performed in the wrong area of your body. This kind of error is typically due to miscommunication between the members of a surgical team, or production pressure that leads to an individual surgeon being assigned multiple surgeries simultaneously. In these situations the surgeon isn't alone in his or her liability for a wrong-site surgery due to a legal rule known as "res ipsa loquitur" which means that the result of the error speaks for itself and cannot be attributed to negligence.
If someone is injured during an improper procedure and is injured, they may need additional procedures to correct problems that were made worse by the error. Patients and their families are left with costly medical bills. These costs should be considered when calculating the financial impact of medical malpractice lawsuits.
The majority of times surgeons are liable for surgical errors. They are responsible to prepare the patient for the procedure, examining the chart and medical records of the patient, communicating with the medical team, and ensuring that the incision was placed at the correct location. However, in some cases an anesthesiologist or a hospital could also be accountable. Medical malpractice lawsuits are typically filed in state courts, but can be transferred under certain circumstances to federal court.