Common Causes of Malpractice Litigation
Malpractice litigation involves a complex procedure. If a patient can demonstrate four elements, it will determine whether or not the error is a case of malpractice. These are professional obligations; a breach of that obligation; an injury that results from the breach; and measurable damages.
Plaintiffs must demonstrate these elements with evidence such as expert testimony, depositions, and discovery.
Incorrect diagnosis or failure to diagnose
Failure to identify an illness or injury accurately can result in serious complications, or even death. The misdiagnosis of a patient is a frequent reason for medical malpractice. To show negligence, the patient or their lawyer needs to prove that a seasoned doctor in similar circumstances would not have misdiagnosed a problem.
There are many misdiagnosis that could be considered malpractice, however. Even the most experienced and highly trained doctors make mistakes, and a claim of malpractice must be supported by other elements such as breach, proximate cause and actual injury. If a doctor does not sterilize his equipment prior to administering anesthesia and the patient develops an infection as a result of this, the doctor could be guilty.
In the majority of instances, lawsuits claiming that there was a mistake will be filed in the state trial court in which the alleged malpractice took place. Federal courts may, however, have jurisdiction in certain situations. A claim can be brought before a federal court in specific circumstances. For example it could be an issue regarding a statute of limitation or if the parties are of different citizenships. Some claims can be resolved through binding arbitration that is voluntary. This is a less formal procedure that involves professionals who make the decisions. It is intended to cut costs, speed up legal proceedings and eliminate the possibility of excessively generous juries. Arbitration is not available in all cases of malpractice.
Dosage of a drug that is incorrect
Medication errors, also referred as medication errors are among the leading causes of medical malpractice suits. They can be caused by a physician prescribing a prescription in error or giving the wrong dosage to a patient. These errors are generally preventable. According to the circumstances the situation, a pharmacist, a hospital or other health care provider could be held responsible for the injuries caused by a patient who received the wrong dose of a drug.
A doctor may prescribe the wrong drug because of a misdiagnosis or simply not understanding the prescription correctly. A health professional could also administer the incorrect dosage due to a breakdown in communication. For example nurses may not read a doctor's prescription correctly or a pharmacist could make an error when filling the prescription. In other cases, a doctor could delay in administering the correct medication to the patient, which could result in the patient's condition getting worse.
A plaintiff must prove to be successful in a malpractice claim, that the medical professional breached their standard of practice and that their injuries were directly attributed to the negligence. This requires the testimony of a medical expert. Furthermore, a medical negligence 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 costs of treatment for the victim as well as any wages lost. The more money you lose is, the more valuable of the claim.
Unskillful Procedure
This type of incident is not unusual. It may seem like a challenge for medical professionals to carry out the incorrect procedure on patients however, it happens. The surgeon who makes this error could be held accountable for malpractice. A patient who is injured as a result of an error in surgery could be held accountable for any mistakes that were made during the procedure.
Any health care professional who is alleged to be negligent must show that the patient was hurt by a specific act or inaction. To prove this, the legal team representing the patient has to prove: (1) that the doctor was required to provide care or treat the patient; (2) that he breached that duty; (3) that a causal connection exists between the breach and injury; and (4) the injuries result in damages that the legal system can address.
A breach of duty of care is no meaning unless it result in injury. This is the reason medical malpractice cases are usually dependent on the lawful doctrine "res ipsa locquitur," which states that certain injuries are so obvious they can be explained only by negligence.
Depending on the facts of the case, the plaintiff (the patient or their legally designated representative) or their attorney could bring the case in federal or state court. Most malpractice cases are filed in state court, however in certain circumstances medical malpractice lawsuits could be filed in federal district court.
Wrong Surgery
The procedure that is performed on the wrong site is not common but it can be considered medical malpractice if the procedure is performed in the wrong place on your body. This type of error is usually caused by a lack of communication between members of the surgical team, or production pressures that result in the surgeon performing multiple surgeries at once. In these situations, a surgeon is not solely responsible for an incorrect-site operation due to a legal principle known as "res ipsa locquitur" which states that the outcome is a matter of fact and cannot be attributed to 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 repair problems caused by the surgical mistake. This results in costly medical bills for patients and their families. This expense should be taken into consideration when calculating the financial impact of medical
malpractice claims.
Surgeons are typically accountable for surgical errors as they are the ones who are responsible for preparing for the operation, double-checking the patient's chart and medical records, coordinating effectively with the other members of the medical team and making sure that the incision has been done at the correct place. However, in some instances hospitals or anesthesiologists may also be accountable. Medical malpractice (
M1Bar.com) lawsuits are usually filed in state courts, however, in certain situations, they can be transferred to federal courts.