Common Causes of Malpractice Litigation
Malpractice litigation involves a complex process. If a person can prove four elements, it will decide whether or not the error is malpractice. These are the following: a professional obligation in breach of this obligation; an injury that results from the breach; and measurable damage.
Plaintiffs must prove these elements through evidence such as expert testimony, depositions, and discovery.
Incorrect diagnosis and inability to diagnose
Failure to diagnose an injury or illness correctly can result in serious complications, or death. A large number of medical malpractice cases involve incorrect diagnosis. To prove negligence, the patient or their attorney must prove that a competent doctor under similar circumstances and working in the same specialty would not have misdiagnosed the problem.
Misdiagnosis does not always constitute negligence. Even experienced and highly trained doctors can make mistakes. Therefore, a claim of malpractice has to be supported with other elements like breach, proximate cause or actual injury. If a doctor does not sterilize his equipment prior to giving anesthesia, and the patient becomes infected due to this, the doctor may be liable.
In the majority of instances, lawsuits claiming malpractice will be filed in the state trial court in which the
malpractice was alleged to have occurred. However, federal courts may be able to handle cases in certain circumstances. A claim may be filed before a federal court under certain circumstances. For instance it could involve the issue of a statute of limitation or if the parties are of different citizenships. Some claims are settled by binding arbitration. This is a less formal procedure with professional decision makers. It is intended to cut costs, speed up legal proceedings and reduce the possibility of excessively generous juries. However, arbitration isn't available for all claims of malpractice.
Dosage for a drug that is not correct
Medication errors, also known as medication mistakes, are one of the main causes of medical malpractice lawsuits. These errors could be caused by a physician who writes prescriptions in the wrong format, or giving the patient the incorrect dosage. These mistakes are usually preventable. Depending on the circumstances the hospital, its staff, a pharmacist or other health professionals could be held accountable for the injuries sustained by the patient who received the wrong dosage of medication.
A doctor could prescribe the wrong medication as a result of a misdiagnosis, or simply misreading the prescription. A health care professional could also prescribe the wrong dosage due to a breakdown in communication for example, when the nurse reads the doctor's handwritten prescription incorrectly or the pharmacist makes an error in filling out the prescription. In other instances, a doctor could delay the proper medication to the patient, resulting in the patient's condition getting worse.
To prevail in a malpractice case, the victim must show that the medical professional breached their duty of care and that their negligence directly led to the injuries. This requires medical experts to testify. A medical malpractice claim also must establish the extent and damage of the victim's injuries. This includes the cost of treatment as well as any wage loss. The more the loss, the higher the value of the claim.
Unskillful Procedure
It's not likely that medical professionals would perform the incorrect procedure on a patient but this type of incident does occur. If a surgeon makes this kind of error could 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 who is accused of negligence must prove that a patient was injured by an action or failure to act. To prove this the legal counsel of the patient must prove that: (1) the doctor was under an obligation to provide care or treatment; (2) that the doctor violated that duty; (3) that there is a direct causal relationship 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 this is why medical malpractice claims are usually founded on a legal principle called "res ipsa loquitur." This law says that, in many instances, certain injuries are so evident and obvious that they are only explained by negligence.
Based on the circumstances, the plaintiff (the person who filed the claim or their legal representative) or their lawyer may decide to file a lawsuit in state or federal court. Most malpractice cases are filed in state court. However, in certain situations medical malpractice lawsuits could be filed in federal district court.
Wrong Surgery
The wrong-site surgery isn't common but it can be considered medical
malpractice when the procedure is done in the wrong place on your body. This type of error is often caused by a lack of communication between the members of a surgical team, or production pressure that leads to an individual surgeon being assigned multiple surgeries at one time. In these situations, a surgeon is not solely accountable for a mistaken-site procedure due to a legal principle known as "res ipsa locquitur" which says that the outcome speaks for itself and cannot be attributed to negligence.
If someone is injured during an operation that was performed on the wrong site the patient may need additional procedures to correct problems that were exacerbated by the mistake. Patients and their families are left with high medical bills. It is important to consider these costs when calculating the financial cost of medical malpractice claims.
The majority of times surgeons are held accountable for surgical errors. They are accountable in preparing the patient for the procedure, examining the medical records and chart of the patient, coordinating with the rest of the medical personnel, and ensuring that the incision was made at the correct location. However, in some cases an anesthesiologist or hospital may also be accountable. Medical
malpractice lawyer cases are usually filed in state court but can be transferred under certain circumstances to federal court.