Common Causes of Malpractice Litigation
Malpractice litigation is a complicated procedure. If an error constitutes malpractice depends on whether the patient can prove four legal elements which include professional duty and breach of this duty; harm caused by the breach and the possibility of quantifiable damages.
Plaintiffs must also prove the elements by using evidence, such as expert testimony and depositions.
Incorrect diagnosis and failure to diagnose
The inability of a doctor to accurately diagnose a disease or injury could lead to serious complications or even death. A large number of medical malpractice cases involve mistakes in diagnosis. To show negligence, the patient or their lawyer must demonstrate that a qualified doctor in similar circumstances would not have misdiagnosed a condition.
Every misdiagnosis can be considered to be malpractice, however. Even highly-trained and experienced doctors are not immune to mistakes. Therefore, any claim for malpractice must be backed by other elements like breach, proximate cause and actual injury. For example the case where a physician is not careful to clean their equipment prior the time they administer anesthesia to a patient and they develop an infection in the process, the doctor could be found to be negligent.
Lawsuits alleging malpractice are typically filed in state trial courts where the alleged misconduct occurred. However, federal courts could be able to handle cases in certain circumstances. A case can be brought before federal court in certain circumstances. For instance it could involve a dispute about the statute of limitations or when the parties are of different citizenships. In other cases, certain claims are settled through voluntary binding arbitration. This is a non-formal procedure which involves professionals who make the decisions. It is designed to cut expenses, speed up the legal process, and remove the risk associated with overly large juries. However, arbitration is not available for all claims of malpractice.
Wrong Drug Dosage
Medication errors, also referred as medication errors, are one of the leading causes of medical malpractice lawsuits. They can involve a physician prescribing the wrong medication or giving the wrong dosage to a patient. These errors are usually avoidable. Based on the circumstances, a pharmacy, a hospital or other health care provider could be held accountable for the harm caused by a patient who received the wrong dosage of a drug.
A doctor can prescribe the wrong medication as a result of a misdiagnosis or simply making a mistake in the prescription. A health care provider can also administer the wrong dosage due to a lapse in communication. For example the nurse might interpret a doctor's prescription incorrectly or a pharmacist might have a mistake while filling the prescription. In other instances, a physician might delay administering the correct medication to the patient, which could result in the patient's condition getting worse.
A person who suffers from a medical
malpractice attorneys claim must prove, in order to win a malpractice lawsuit that the medical professional violated their standards of practice and that their injuries were directly attributed to the negligence. This requires medical experts to be present. Medical malpractice cases also must establish the extent and the damages caused by the victim's injuries. This includes the cost of treatment and any wage loss. The more loss you suffer the greater the value of the claim.
The wrong procedure
It might seem unlikely that medical professionals could perform the incorrect procedure on a patient, but this type of mishap can occur. If a surgeon makes this error can be found responsible for malpractice. If a patient is injured because of an error during surgery can be held liable for any mistakes that were made during the procedure.
A medical professional accused of malpractice must prove that the patient was injured because of an act or inability to act. To prove this, the legal team representing the patient must show: (1) that the doctor was legally obligated to care for or treat the patient; (2) that he did not fulfill that duty; (3) that a causal link exists between the negligence and injury; and (4) the injury causes damages that the legal system could address.
A breach of duty of care has no meaning unless it result in injury. This is the reason medical malpractice cases are often founded on the legal doctrine "res ipsa locquitur," which says that certain injuries are so obvious that they can only be explained by negligence.
Depending on the circumstances of the case, the plaintiff (the patient or their legally appointed representative) or their attorney could bring the case in federal or state court. The majority of malpractice cases are filed in state courts, however in certain situations, a medical negligence lawsuit can be brought to federal district court.
Wrong Surgery
The wrong-site surgery is a common error, but it can be considered medical malpractice when the procedure is performed on the wrong part of the body. This type of mistake is usually the result of miscommunications between the surgical team, or pressures on production that result in the surgeon performing several surgeries to perform at the same time. In these situations, a surgeon is not solely accountable for a mistaken-site operation due to a legal rule known as "res ipsa locquitur" which says that the result speaks for itself and cannot be blamed on negligence.
If an individual is injured in a wrong-site procedure the patient may need additional procedures to correct problems that were exacerbated by the error. Patients and their families are left with high medical bills. These expenses should be considered when calculating the financial impact of medical
malpractice attorneys lawsuits.
Most often surgeons are liable for surgical mistakes. They are accountable to prepare the patient for the procedure, checking the medical record and chart of the patient, coordinating with the rest of the medical staff, and ensuring that the incision was placed in the proper location. However, in some instances a hospital or anesthesiologist may also be accountable. Medical
malpractice Lawyers cases are typically filed in state courts, but under certain circumstances they may be transferred to federal courts.