Common Causes of Malpractice Litigation
Malpractice litigation is a complex procedure. If an error is malpractice based on whether the patient can establish four legal elements which include professional duty breach of this duty; harm caused by the breach and quantifiable damages.
Plaintiffs must be able to prove the elements using evidence such as expert testimony and depositions.
The wrong diagnosis and the inability to recognize
Failure to correctly diagnose an illness or injury accurately can cause serious complications, or even death. Incorrect diagnosis is a common reason for medical negligence. To prove negligence, the patient or their attorney must demonstrate that a competent doctor under similar circumstances and working in the same area would not have misdiagnosed the condition.
A misdiagnosis is not always negligence. Even the most skilled and trained doctors make mistakes. Therefore, any claim of
Malpractice Lawyers has to be supported by other factors such as breach, proximate cause and actual injury. If a doctor fails to sterilize his equipment prior the time he administers anesthesia, and the patient gets infected because of this, the doctor could be guilty.
Lawsuits alleging malpractice are typically filed in state trial courts, where the alleged malpractice occurred. Federal courts may, however, have jurisdiction in certain circumstances. For instance, a case could be filed in federal court in the event of disputes over the time limit for filing a claim or when there is a substantial difference in citizenship among those involved in the dispute. In other cases, certain claims are resolved through binding arbitration that is voluntary. This is a less formal procedure that involves professionals who make the decisions. It is designed to reduce costs, expedite legal proceedings, and eliminate the possibility of excessively generous juries. Arbitration is not accessible in all cases of misconduct.
Dosage for a drug that is not correct
Medication mistakes, also referred to as medication errors, are among the most common causes of medical
malpractice lawsuits. These errors could be caused by a physician who writes a prescription in the wrong format, or giving the patient the wrong dosage. These mistakes are often avoidable. In the event of an incident the situation, a pharmacist, a hospital or other health care providers could be held accountable for injuries caused by patients who were given the wrong dosage of a medication.
A doctor could prescribe the wrong medication because of a misdiagnosis or by simply not understanding the prescription correctly. A health professional could also prescribe the wrong dosage because of a glitch in communication. For instance the nurse might read a doctor's script incorrectly or a pharmacist might make a mistake when filling the prescription. In other instances, the physician may delay delivering the correct medication, which can cause the patient's condition to worsening.
In order to be successful in a
malpractice attorneys case, a victim must prove that the medical professional did not meet their standard of care and that the negligence directly caused the injuries. This requires testimony from a medical expert. Additionally, a medical malpractice case must prove the extent of the injuries suffered by a victim and the damage they sustained as a result of the negligence. This includes the cost of treatment as well as any lost wage. The more the loss, the higher the value of the claim.
The wrong procedure
It's not likely that medical professionals would perform the wrong procedure on a patient but this type of mishap can occur. The surgeon who makes this mistake could be held liable for malpractice. However, a patient who is injured due to a surgical error could also be held accountable for any negligence that occurred the process.
Any health professional who is alleged to be negligent must prove that the patient was injured by a specific action or inaction. To establish this the legal team representing the patient must demonstrate that: (1) the doctor was bound by a duty to provide care or treatment; (2) that the doctor did not fulfill this duty; (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 could deal with.
A breach of duty of care is no value unless it results in injury. This is the reason why medical malpractice cases are usually dependent on the lawful doctrine "res ipsa locquitur," which says that certain injuries are so obvious they can only be explained through negligence.
Based on the circumstances the plaintiff (the person who filed the claim or their legal representative) or their lawyer can decide to file a lawsuit in either state or federal court. The majority of malpractice cases are filed with state courts, but in certain situations a medical negligence case may be filed in federal district court.
Wrong Surgery
The wrong-site surgery is a common mistake, but it could be considered medical malpractice if the procedure is performed on the wrong part of the body. This kind of error is often the result of miscommunication between members of a surgical team or production pressure that leads to an individual surgeon being assigned multiple surgeries at one time. In these instances, the surgeon is not the only one with responsibility for a surgery that was performed on the wrong site because there is a legal principle called "res ipsa loquitur" which means that the result of the error speaks for itself and can be attributed to negligence.
If an individual is injured in a wrong-site procedure and is injured, they may need additional procedures to correct problems that were exacerbated by the mistake. Patients and their families are left with high medical bills. These costs should be considered when calculating the financial impact of medical malpractice lawsuits.
The majority of times surgeons are held accountable for surgical mistakes. They are responsible in preparing the patient prior to the procedure, examining the medical records and charts of the patient, coordinating with the rest of the medical personnel, and ensuring that the incision was made at the correct location. In some instances the hospital or anesthesiologist may also be held responsible. Medical malpractice claims are usually filed in state courts. However, in certain situations, they can be transferred to federal court.