Common Causes of Malpractice Litigation
malpractice lawyers litigation is a complicated procedure. If a patient is able to prove four factors, it will determine whether or not the error is a case of malpractice. These are: a professional obligation or breach of that duty; an injury resulting from this breach; and measurable damages.
Plaintiffs must also prove these elements through evidence like expert testimony, depositions, and discovery.
Incorrect diagnosis and inability to diagnose
Failure to correctly diagnose an injury or illness in a timely manner can lead to serious complications, or death. The misdiagnosis of a patient is a frequent cause of medical negligence. To prove negligence the patient or their lawyer must demonstrate that a competent doctor in similar circumstances and working in the same field would not have missed the diagnosis.
Misdiagnosis does not always constitute malpractice. Even highly-trained and experienced doctors can make mistakes. Therefore, any claim for malpractice must be supported with other elements, such as breach, proximate cause and actual injury. For example, if a physician fails to properly sterilize their equipment prior to giving anesthesia to a patient and they develop an infection because of it the doctor may be guilty of malpractice.
In the majority of instances, lawsuits claiming malpractice will be filed in the state trial court in which the alleged error occurred. However, federal courts may have jurisdiction under limited circumstances. A case can be brought before a federal court in certain circumstances. For instance it could involve a dispute about the statute of limitations or if the parties are of different citizenships. In other cases, certain claims are resolved through binding arbitration that is voluntary. This is a less formal procedure with professional decision makers. It is intended to cut costs, speed up legal proceedings and eliminate the risk of overly generous juries. Arbitration is not available in all cases of malpractice.
Dosage for a drug that is not correct
Medication errors are one of the main causes of medical malpractice lawsuits. These errors could be caused by a physician submitting prescriptions in a wrong format or giving the patient the wrong dosage. These errors are generally preventable. According to the situation the pharmacy, hospital or other health care provider could be held accountable for the harm caused by patients who were given the wrong dosage of a medication.
A doctor might prescribe the incorrect medication to a patient as a result of an inaccurate diagnosis or simply because he/she misreads the prescription. A health care provider may also administer the wrong dose due to an inability to communicate like when a nurse reads the handwritten prescription of a doctor incorrectly or the pharmacist makes an error in filling out the prescription. In other instances the doctor may delay delivering the correct medication, which could lead to the patient’s condition worsening.
In order to be successful in a malpractice lawsuit, a victim must demonstrate that the medical professional acted in breach of their standard of care, and that the negligence directly contributed to the injuries. This requires the testimony of a medical expert. A medical malpractice case must prove the extent and damages of the victim’s injuries. This includes the costs of treatment for a patient and any wages lost. Generally, the greater a person’s losses are, the more valuable the claim will be.
The wrong procedure
It’s not likely that medical professionals could perform the incorrect procedure on a patient however, this kind of thing is quite common. A surgeon who commits this error may be held liable for negligence. Patients who are injured due to an error during surgery may be held accountable for any mistakes that were made during the procedure.
A health care professional accused of malpractice must demonstrate that the patient was injured because of a specific act, or failure to perform the act. To establish this the legal team representing the patient must show: (1) that the doctor was obligated to care for or treat the patient; (2) that he did not fulfill that duty; (3) that a causal connection exists between the breach and injury; and (4) the injury results in damages which the legal system may address.
A breach of the duty of care is meaningless unless it causes injury, this is why medical malpractice lawsuits are generally based on a legal doctrine called “res ipsa loquitur.” This law states that, in many instances certain injuries are obvious and evident that they can only be explained by negligent acts.
Depending on the facts of the case, the plaintiff (the patient or their legally designated representative) or their attorney may bring the case in federal or state court. Most malpractice cases are filed in state court. However, under certain circumstances medical malpractice lawsuits may be filed in federal district court.
Wrong Surgery
The wrong-site surgery is rare but it can be considered medical malpractice when the procedure is done in the wrong area of your body. This type of error usually occurs as due to miscommunication between members of a surgical team, or production pressure that leads to a surgeon being assigned multiple surgeries at one time. In these situations, the surgeon is not the only one with liability for a wrong-site surgery since there is an underlying legal principle referred to as “res ipsa loquitur” which means that the effect of the error is evident and cannot be traced to negligence.
If a patient gets injured due to surgery performed on the wrong site the patient may require additional procedures to fix problems caused by the surgical error. This results in costly medical expenses for the patient and their families. These expenses should be taken into consideration when calculating the financial consequences of medical malpractice claims.
Most often, surgeons are held responsible for surgical mistakes. They are accountable to prepare the patient for the procedure, checking the medical record and chart of the patient, communicating with the medical staff, and making sure that the incision was placed at the right place. However, in some instances a hospital or anesthesiologist may also be accountable. Medical malpractice cases are typically filed in state courts. However, in certain situations they may be transferred to federal courts.
