Common Causes of Malpractice Litigation
Malpractice litigation is a tense process. If the error constitutes malpractice depends on whether the patient is able to establish four legal elements which include professional duty; 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.
Undiagnosed or Incorrectly Diagnosed
The inability of a doctor to accurately diagnose a disease or injury can result in serious complications or even death. Many medical malpractice cases involve misdiagnosis. To prove negligence, the patient or their attorney must prove that a competent doctor in similar circumstances and working in the same specialty would not have misdiagnosed the condition.
It is not always a case of an error, but. Even the most skilled and trained doctors make mistakes, and a claim of malpractice must be backed by other elements like breach, proximate causation, and actual injury. For instance, if a physician does not take the time to sterilize their equipment prior to administering anesthesia, and the patient develops an infection due to the infection the doctor may be guilty of malpractice.
In the majority of cases, lawsuits that allege malpractice will be filed in the state trial court where the malpractice was alleged to have occurred. However, federal courts could have jurisdiction under limited circumstances. For example, a claim could be filed in federal court in the event of the interpretation of the time limit or when there is a substantial variation in the citizenship of the parties involved in the case. Alternatively, some claims are settled through voluntary binding arbitration. This is a less formal procedure which involves professional decision makers and is intended to save costs, expedite legal proceedings, and eliminate the risk of overly generous juries. However, arbitration isn't available for all claims of malpractice.
Wrong Drug Dosage
Medication errors--also called medication mistakes--are one of the most frequent causes of medical
malpractice lawsuits. They can be caused by a physician prescribing a prescription in error or administering the wrong dosage to the patient. These errors are typically preventable. In certain circumstances the hospital or its staff, a pharmacist or other health care professionals could be held responsible for the injuries of the patient who received the wrong dosage of medication.
A doctor may prescribe the incorrect medication to a patient as a result of an incorrect diagnosis or simply by misreading the prescription. A health care provider may also administer the wrong dosage because of a breakdown in communication for example, when a nurse reads the doctor's handwritten script in error or the pharmacist commits an error in filling out the prescription. In other cases, a physician might delay the administration of the correct medication to the patient, resulting in their condition becoming worse.
A person who suffers from a medical malpractice claim must prove, in order to prevail on a malpractice claim, that the medical professional breached their professional standards and that their injuries were directly attributed to the negligence. This requires medical expert testimony. Medical malpractice cases also must prove the severity and severity of the victim's injuries. This includes the cost of treatment as well as any lost wages. In general, the greater a loss is in the greater value of the claim will be.
Wrong Procedure
It's not likely that medical professionals would perform the wrong procedure on a patient, however, this kind of thing does occur. A surgeon who makes the mistake could be held liable for malpractice. A patient who is injured due to an error in surgery could be held liable for any mistakes that were made during the procedure.
Any health care professional who is alleged to be negligent must prove that the patient was hurt by a specific action or inaction. To prove this the legal team representing the patient must show that: (1) the doctor was bound by the obligation to provide medical care or treatment; (2) that the doctor did not fulfill this duty; (3) that there is a direct causal connection between the breach and the injury; and (4) that the injury results in damages that the legal system could resolve.
A breach of duty of care has no significance unless it results in injury. This is the reason why medical
malpractice lawsuit cases are often built on the legal principle "res ipsa locquitur" which says that certain injuries are so obvious that they can only be explained through negligence.
Based on the facts of the case, the plaintiff (the patient or their legally appointed representative) or their lawyer may present the claim to state or federal court. The majority of malpractice cases are filed in state courts, however in certain situations, a medical negligence lawsuit could be filed with a federal district court.
Wrong Surgery
The wrong-site surgery is rare but it could be considered medical malpractice when the procedure is done in the wrong area of your body. This kind of error is usually caused by a lack of communication between members of the surgical team or production pressures that lead to surgeons being assigned several surgeries to perform at the same time. In these cases, a surgeon is not solely responsible for a wrong-site operation because of a legal rule known as "res ipsa locquitur" which states that the result is a matter of fact and cannot be blamed on negligence.
If a patient is injured by wrong-site surgery and is injured, they may require additional treatments to correct problems that are aggravated due to the surgical error. Patients and their families are left with costly medical bills. These expenses must be considered when calculating the financial consequences of medical
malpractice Lawyers lawsuits.
Surgeons are most often accountable for surgical errors as they are the ones who are accountable for making preparations for the operation, double-checking the patient's chart and medical records, communicating effectively with other members of the medical team, and making sure that the incision is located at the correct location. In certain instances an anesthesiologist or hospital can also be held liable. Medical malpractice claims are usually filed in state courts, but in certain situations, they can be transferred to federal courts.