Common Causes of Malpractice Litigation
Malpractice litigation can be a difficult procedure. Whether or not an error is considered to be malpractice is dependent on whether the patient can prove four legal elements which include professional duty breach of this duty; injury resulted from the breach and quantifiable damages.
Plaintiffs must also prove the facts using evidence such as expert testimony and depositions.
Incorrect diagnosis or failure to diagnose
A physician’s inability to accurately diagnose a disease or injury can lead to serious complications or even death. A large number of medical malpractice cases involve misdiagnosis. To show negligence, the patient or their lawyer must prove that an experienced doctor in similar circumstances would not have misdiagnosed an illness.
Not every misdiagnosis is negligence, but. Even the most skilled and trained doctors make mistakes. Therefore, any claim of malpractice has to be supported by other factors such as breach, proximate causation and actual injury. For instance If a doctor is not careful to clean their equipment prior the time they administer anesthesia and the patient suffers an infection as a result the doctor may 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. Federal courts can however have jurisdiction in certain situations. A case can be brought before a federal court in specific circumstances. For example it could be an issue regarding a statute of limitation or in the event that the parties have different citizenships. Certain claims are settled through binding arbitration. This is a non-formal procedure which involves professionals who make the decisions. It is designed to cut costs, expedite the legal proceedings, and eliminate the risk that comes with large juries. However, arbitration is not accessible for all malpractice claims.
Wrong Drug Dosage
Medication errors, also known as medication mistakes are among the most common causes of medical malpractice lawsuits. They can involve a physician prescribing a prescription in error or administering the wrong dosage to the patient. These errors are usually avoidable. According to the circumstances, a pharmacy, a hospital or other health care provider could be held responsible for the injuries caused by patients who were given the wrong dose of a medication.
A doctor might prescribe the wrong medication as a result of a misdiagnosis. Or, simply making a mistake in the prescription. A health professional could also give the wrong dosage because of a glitch in communication. For example, a nurse may not read a doctor’s prescription correctly or a pharmacist could have a mistake while filling the prescription. In other instances the doctor may delay the proper medication to the patient, which could result in their condition worsening.
In order to be successful in a malpractice case, the victim must establish that the medical professional violated their standard of care and that their negligence directly led to the injuries. This requires medical experts to be able to testify. A medical malpractice case also must establish the extent and damage of the victim’s injuries. This includes the costs of treatment as well as any wages lost. In general, the greater a loss is, the more valuable the claim will be.
Incorrect Procedure
This kind of incident is not unusual. It might seem impossible for medical professionals to carry out the wrong procedure on patients, however, it happens. A surgeon who commits this mistake could be held liable for malpractice. However patients who are injured by a surgical mistake may also be held liable for any negligence that occurred the way to the procedure.
Any health professional who is accused of negligence must show that the patient was injured through a specific act or omission to act. To establish this the legal counsel of the patient must show that: (1) the doctor was under an obligation to provide treatment or treatment; (2) that the doctor violated that duty; (3) that there is a direct causal link between the breach and the injury and (4) that the injury causes damages that the legal system could be able to address.
A breach of the duty of care has no significance unless it causes injury, which is the reason medical malpractice claims are typically based on a legal doctrine known as “res ipsa loquitur.” This law states that, in the majority of cases certain injuries are evident and 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 may make the claim in a federal or state court. The majority of malpractice cases are filed in state court, however under limited circumstances, a medical malpractice case could be filed in federal district court.
Wrong Surgery
A wrong-site procedure is a rare error, but it may be considered medical Flatwoods malpractice lawsuit if the procedure is carried out on the wrong portion of the body. This kind of error is often caused by miscommunications between the surgical team, or by pressures on production that result in a surgeon having multiple surgeries at once. In these instances, the surgeon is not all-in on his liability for a wrong-site surgery due to a legal rule known as “res ipsa loquitur” which means that the result of the error is evident and cannot be traced to negligence.
If an individual is injured in an improper procedure, he or her may need additional procedures to correct issues that were caused due to the error. Patients and their families are left with costly medical bills. These costs should be taken into consideration when calculating the financial impact of medical malpractice claims.
Most often surgeons are accountable for surgical errors. They are responsible in preparing the patient prior to the procedure, checking the medical records and chart of the patient, communicating with the rest of the medical team, and ensuring that the incision was made in the proper location. However, in some cases a hospital or anesthesiologist may be held accountable. Medical madison malpractice attorney claims are generally filed in state court but may be transferred in certain circumstances to federal court.