Common Causes of Malpractice Litigation
The process of bringing a malpractice lawsuit is a complex procedure. If a patient can demonstrate four factors, it will determine whether or not the mistake is a case of malpractice. These are professional obligations in breach of this obligation; a repercussion from this breach; and quantifiable damage.
Plaintiffs must also prove these elements by presenting evidence like expert testimony, depositions, and discovery.
The wrong diagnosis or the inability to diagnose
The failure of a physician to accurately diagnose a disease or injury could result in grave complications, or even death. Incorrect diagnosis is a common cause of medical negligence. To prove negligence, a person or their lawyer must prove that a skilled doctor in similar circumstances would not have misdiagnosed the condition.
It is not always a case of an error, but. Even highly skilled and experienced doctors can make errors. Therefore, any claim of malpractice has to be backed up by other elements such as breach, proximate cause or actual injury. If a doctor fails to sterilize his equipment prior to administering anesthesia and the patient becomes infected due to this, the doctor may be guilty.
Lawsuits alleging malpractice are typically filed in state trial courts, where the alleged malpractice occurred. Federal courts may, however, have jurisdiction in certain instances. A claim can be brought before federal court in certain circumstances. For instance it could involve an issue regarding the statute of limitations or when the parties have different nationalities. Certain disputes are settled via binding arbitration. This is a non-formal procedure which involves professionals who make the decisions. It is designed to minimize costs, expedite the legal process, and reduce the risk associated with overly generous juries. Arbitration is not accessible in all cases of misconduct.
Dosage of a drug that is incorrect
Medication mistakes, also referred to as medication errors, are one of the most frequent causes of medical malpractice lawsuits. These errors could be caused by a doctor who has submitted prescriptions in a wrong format or giving the patient the wrong dosage. These errors are typically preventable. In certain circumstances the hospital or its staff, a pharmacist or other health care provider could be held responsible for the harms suffered by patients who were given the wrong drug dosage.
A doctor may prescribe the incorrect medication to a patient because of an incorrect diagnosis or simply due to a misreading of the prescription. A health professional can also administer the incorrect dosage due to a failure in communication. For example, a nurse may interpret a doctor’s prescription incorrectly or a pharmacist may make an error when filling the prescription. In other instances doctors may delay administering the correct medication to the patient, resulting in their condition worsening.
A person who suffers from a medical malpractice claim must prove, in order to win a malpractice lawyers claim, that the medical professional violated their standard of practice and that their injuries were directly caused by the negligence. This requires medical expert testimony. Additionally, a medical malpractice case must prove the extent of the injuries suffered by a victim and the damages they sustained because of the negligence. This includes the cost of treatment as well as any lost wage. The more the loss the greater the value of the claim.
Wrong Procedure
This type of incident is not unusual. It may seem impossible for medical professionals to carry out the wrong procedure on patients however, it is a reality. A surgeon who commits this error can be found liable for negligence. However, a patient who is injured due to a surgical error may also be held liable for any negligence that occurred during the path to the procedure.
A health care professional who is accused of malpractice must demonstrate that the patient was injured due to 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 failed to fulfill his obligation; (3) that a causal connection exists between the negligence and injury and (4) the injury causes damages that the legal system can address.
A breach of the duty of care is not relevant unless it causes injury this is why medical malpractice claims are typically founded on a legal principle called “res ipsa loquitur.” This law says that, in a lot of instances certain injuries are so evident and obvious that they cannot be explained except by negligent actions.
Based on the facts of the case, the plaintiff (the patient or their legally designated representative) or their attorney may present the claim to state or federal court. Most malpractice attorney cases are filed in state court. However, in certain circumstances, a medical malpractice case can be brought in federal district court.
Wrong Surgery
The wrong-site surgery is a common error, but it may be considered medical malpractice if the procedure is performed on the wrong side of the body. This type of error is usually due to miscommunication between members of a surgical team or production pressure that leads to a surgeon being assigned multiple surgeries at once. In these cases the surgeon isn’t solely responsible for a misplaced operation because of a legal rule known as “res ipsa locquitur” which says that the outcome speaks for itself and cannot be blamed on negligence.
When a patient is injured as a result of surgery done on the wrong location, he or she may require additional procedures to repair issues that were caused by the surgical mistake. Patients and their families are left with expensive medical bills. It is important to keep these costs in mind when calculating the financial costs of medical malpractice claims.
The majority of times surgeons are liable for surgical mistakes. They are responsible in preparing the patient prior to the procedure, checking the medical record and chart of the patient, coordinating with the medical team, and ensuring that the incision was placed in the proper location. However, in some cases a hospital or anesthesiologist may also be accountable. Medical malpractice cases are usually filed in state courts, but can be transferred under certain circumstances to federal court.