Common Causes of Malpractice Litigation
The process of bringing a malpractice lawsuit is a complex procedure. The question of whether or not an error constitutes
malpractice attorney depends on whether the patient is able to prove four legal elements that include a professional obligation; breach of this duty; harm resulted from the breach and tangible damages.
Plaintiffs must also prove the elements by using evidence such as expert testimony and depositions.
Misdiagnosis or Failure to Diagnose
A physician's inability to accurately diagnose a disease or injury could result in grave complications, or even death. The misdiagnosis of a patient is a frequent cause of medical malpractice. To prove negligence, the patient or their attorney must prove that a competent doctor in similar circumstances and working in the same area would not have missed the diagnosis.
Misdiagnosis does not always constitute malpractice. Even highly-trained and experienced doctors can make errors. Therefore, any claim of malpractice must be backed up by other elements such as breach, proximate causes and actual injury. If a doctor fails to sterilize his equipment before administering anesthesia and the patient gets infected because of this, the doctor could be held accountable.
Legal actions claiming malpractice are usually filed in state trial courts where the alleged malpractice occurred. However, federal courts could be able to hear cases in specific circumstances. For instance, a case could be filed in federal court if there is an issue regarding the time limit or when there is a substantial difference in citizenship among the parties to the case. Certain disputes are settled through binding voluntary arbitration. This is a less formal process that involves professional decision makers. It is designed to lower costs, expedite the legal process, and reduce the risk that comes with large juries. Arbitration is not available in all cases of misconduct.
Dosage for a drug that is not correct
Medication errors are one of the most frequent causes of medical malpractice lawsuits. These errors are caused by a physician who writes prescriptions in the wrong format, or giving the patient the incorrect dosage. These mistakes are often avoidable. Based on the circumstances the situation, a pharmacist, a hospital or other health care provider could be held responsible for injuries caused by patients who were given the wrong dose of a drug.
A doctor could prescribe the wrong medication to a patient because of an inaccurate diagnosis or simply due to a misreading of the prescription. A health care professional could also prescribe the wrong dosage due to an interruption in communication, such as when nurses read the doctor's handwritten script in error or the pharmacist is mistaken in filling the prescription. In other instances the doctor could delay giving the correct medication, which could lead to the patient's condition worsening.
To prevail in a
malpractice lawsuit, a victim must prove that the medical professional acted in breach of their duty of care and that negligence directly caused their injuries. This requires the testimony of a medical expert. A medical malpractice claim also must prove the severity and damages of the victim's injuries. This includes the costs of treatment for a patient and any lost wages. In general, the greater a person's losses are in the greater value of the claim will be.
Unskillful Procedure
This kind of incident is not unusual. It may seem like a challenge for medical professionals to perform the incorrect procedure on patients but it's true. A surgeon who makes this error may be held responsible for negligence. A patient who suffers injury due to an error during surgery can be held accountable for any errors that occured during the procedure.
Any health care professional who is accused of malpractice must show that the patient was injured through a specific act or omission to act. To prove this the legal team representing the patient must show that: (1) the doctor was bound by a duty to provide care or treatment; (2) that the doctor breached the duty of care; (3) that there is a direct causal link between the breach and the injury; and (4) that the injury causes damages that the legal system can resolve.
A breach of the duty of care is meaningless unless it causes injury which is the reason medical malpractice claims are typically built on a legal concept known as "res ipsa loquitur." This law says that, in the majority of cases, certain injuries are so obvious and evident that they cannot be explained except by negligence.
Based on the facts of the case, the plaintiff (the patient or their legally designated representative) or their attorney could file the claim in state or federal court. The majority of malpractice cases are filed in state court. However, under limited circumstances, a medical malpractice lawsuit could be filed in federal district court.
Wrong Surgery
The wrong-site surgery isn't common but it can be considered medical
malpractice law firm in the event that the procedure is carried out in the wrong location of your body. This type of error is often the result of miscommunication between members of a surgical team or production pressure that results in the surgeon being tasked with multiple surgeries at once. In these situations the surgeon isn't solely responsible for an incorrect-site procedure because of a legal principle known as "res ipsa locquitur" which says that the outcome speaks for itself and cannot be blamed on negligence.
If a patient gets injured as a result of surgery done on the wrong location it is possible that he or she will require additional procedures to fix problems exacerbated due to the surgical error. This leads to costly medical expenses for patients as well as their families. It is crucial to consider these costs when calculating the financial costs of medical malpractice claims.
Most often surgeons are held accountable for surgical mistakes. They are accountable in preparing the patient prior to surgery, reviewing the medical records and chart of the patient, coordinating with the medical staff, and ensuring that the incision was placed in the proper location. However, in some instances hospitals or anesthesiologists may also be liable. Medical malpractice claims are generally filed in state courts, however, in certain situations they may be transferred to federal courts.