Common Causes of Malpractice Litigation
Malpractice litigation involves a complex procedure. The question of whether or not an error constitutes malpractice depends on whether the patient is able to prove four legal elements which include professional duty and breach of this duty; injury caused by the breach and quantifiable damages.
Plaintiffs must also prove the elements using evidence, such as expert testimony and depositions.
Incorrect diagnosis and failure to diagnose
A physician’s inability to diagnose an illness or injury could lead to serious complications or even death. A lot of medical malpractice cases involve incorrect diagnosis. To prove negligence the patient or their lawyer must demonstrate that a competent doctor under similar circumstances and in the same area would not have misdiagnosed the problem.
Every misdiagnosis can be considered to be negligence, but. Even highly skilled and experienced doctors make mistakes. Therefore, a claim for malpractice must be backed by other elements, such as breach, proximate cause and actual injury. If a physician fails to sterilize his equipment prior the time he administers anesthesia, and the patient develops an infection due to this, the doctor might be found to be negligent.
In the majority of instances, lawsuits claiming that there was a mistake will be filed in the state trial court where the alleged error occurred. However, federal courts might have jurisdiction in certain situations. A claim can be brought before a federal court under certain circumstances. For example, it may involve an issue regarding a statute of limitation or if the parties are of different nationalities. Some claims are settled by arbitral arbitration, which is a binding process. This is a less formal procedure which involves professionals who make the decisions. It is designed to lower costs, speed up legal process, and remove the risk that comes with generous juries. Arbitration is not always available in cases of misconduct.
The wrong dosage of medication
Medication mistakes, also referred to as medication errors, are one of the main causes of medical malpractice lawsuits. They can involve a physician prescribing a prescription in error or delivering the wrong dose to a patient. These mistakes are usually avoidable. In the event of an incident an individual pharmacy, hospital or other health care providers could be held responsible for the injuries caused by a patient who was given the wrong dose of a drug.
A doctor can prescribe the wrong drug because of a misdiagnosis or by simply failing to read the prescription. A health care professional may also prescribe the wrong dosage due to a breakdown in communication. For malpractice example nurses may read a doctor’s script incorrectly or a pharmacist could have a mistake while filling the prescription. In other instances the doctor could delay the proper medication, which could cause the patient’s condition to getting worse.
To be successful in a malpractice lawsuit, a victim must prove that the medical professional breached their standard of care, and that the negligence directly caused their injuries. This requires the testimony of a medical expert. A medical malpractice case must establish the extent and the damages caused by the victim’s injuries. This includes the cost of treatment for the victim as well as any lost wages. The more money you lose of the claim, the greater the value of the claim.
Wrong Procedure
This type of incident is not uncommon. It may seem impossible for medical professionals to carry out the incorrect procedure on patients, however, it happens. A surgeon who commits this mistake could be held liable for negligence. However the patient who is injured as a result of a surgical error may also be held liable for any negligence that occurred during the process.
Any health professional who is accused of malpractice law firm must show that the patient was hurt through a specific act or inaction. To establish this the legal team of the patient must prove 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 link between the breach and the injury; and (4) that the injury results in damages which the legal system has the power to address.
A breach of duty of care is no meaning unless it result in injury. This is the reason medical malpractice cases are usually based on the legal doctrine “res ipsa locquitur,” which states that certain injuries are so obvious that they can only be explained by negligence.
Based on the facts of the case, the plaintiff (the patient or their legally appointed representative) or their attorney can make the claim in a state or federal court. The majority of malpractice cases are filed in state court, however in certain situations, a medical malpractice lawsuit may be filed in federal district court.
Wrong Surgery
A wrong-site procedure is a rare error, but it may be considered medical negligence if the procedure is performed on the wrong area of the body. This type of error is usually caused by miscommunications between the surgical team, or due to pressures on production that result in surgeons being assigned several surgeries to perform at the same time. In these instances the surgeon isn’t all-in on his responsibility for an incorrect-site procedure due to an underlying legal principle referred to as “res ipsa loquitur” which means that the effect of the error is evident and can only be attributed to negligence.
If a patient is injured as a result of surgery done on the wrong location and is injured, they may require additional procedures to fix problems that are aggravated by the surgical mistake. This leads to costly medical expenses for the patient and their families. It is essential to take these costs into account when calculating the financial burden of medical malpractice lawsuits.
Surgeons are typically held accountable for surgical errors because they are the ones who are responsible for properly getting ready for the procedure and double-checking the patient’s medical chart and medical records, communicating effectively with other members of the medical team, and making sure that the incision has been placed at the right place. However, in certain instances a hospital or anesthesiologist may also be held responsible. Medical malpractice lawsuits are usually filed in state courts, however, in certain situations they may be transferred to federal courts.