Common Causes of Malpractice Litigation
Malpractice litigation is a tense process. If a person can prove four elements, it will be able to determine whether or not the mistake is a case of malpractice. These are professional obligations and a breach of that obligation; a repercussion from the breach; and quantifiable damage.
Plaintiffs must also prove the facts using evidence, such as expert testimony and depositions.
Misdiagnosis and Failure to Diagnose
Failure to correctly diagnose an injury or illness accurately could lead to serious complications, or even death. A lot of medical malpractice cases involve misdiagnosis. To prove negligence the patient or their attorney must demonstrate that a competent physician under similar circumstances and in the same field would not have misdiagnosed the problem.
Misdiagnosis does not always constitute negligence. Even highly experienced and trained doctors can make errors. Therefore, any claim of malpractice has to be backed by other factors such as breach, proximate reason and actual injury. For example, if a physician fails to properly sterilize their equipment prior to administering anesthesia and the patient develops an infection in the process the doctor could be found to be negligent.
In most instances, lawsuits claiming loudon malpractice lawsuit will be filed in the state trial court in which the malpractice was alleged to have occurred. Federal courts could be able to handle the case in certain instances. A case may be brought before federal court in certain circumstances. For example it could be disputes over a statute of limitation or when the parties have different citizenships. Additionally, some cases are resolved through binding arbitration that is voluntary. This is a less-formal process that is governed by professional decision makers. It is designed to cut costs, speed up legal process, and remove the risks associated with large juries. Arbitration is not always available in cases of misconduct.
Dosage of a drug that is incorrect
Medication errors, also known as medication mistakes are among the main reasons for medical malpractice lawsuits. They can result from a doctor writing a prescription that is not correct or administering the wrong dosage to a patient. These mistakes are usually preventable. In the event of an incident the pharmacy, hospital or other health care providers could be held responsible for the injuries caused by patients who were given the wrong dosage of a drug.
A doctor may prescribe the incorrect medication to a patient as a result of an incorrect diagnosis or simply due to a misreading of the prescription. A health care provider can also prescribe the wrong dosage due to a breakdown in communication. For example, a nurse may interpret a doctor’s prescription incorrectly or a pharmacist might make an error when filling the prescription. In other instances doctors may delay administering the correct medication to the patient, which could result in their condition deteriorating.
A person seeking compensation must prove, for the sake of winning a Elmsford Malpractice Attorney lawsuit that the medical professional violated their standard of practice and that their injuries were directly attributed to the negligence. This requires medical experts to provide evidence. Medical providence malpractice law firm cases also must establish the extent and damages of the victim’s injuries. This includes the cost of treatment and any lost wage. The more the loss is, the more valuable of the claim.
Wrong Procedure
It might seem unlikely that medical professionals would perform the incorrect procedure on a patient, however, this type of event can occur. The surgeon who makes this mistake could be held accountable for malpractice. A patient who is injured because of an error during surgery may be held liable for any errors that occured during the procedure.
A health care professional accused of malpractice must demonstrate that the patient was injured due to an act or failure to take action. To prove this the legal team of the patient must prove: (1) that the doctor was required to care for or treat the patient; (2) that he failed to fulfill his obligation; (3) that a causal link exists between the breach and injury; and (4) the injury results in damages the legal system could address.
A breach of duty of care is no significance unless it results in injury. This is why medical malpractice cases are usually built on the legal principle “res ipsa locquitur” which says that certain injuries are so obvious they can only be explained through negligence.
Depending on the facts of the case, the plaintiff (the patient or their legally designated representative) or their attorney could make the claim in a federal or state court. Most malpractice cases are filed in state court, but in certain situations medical malpractice lawsuits may be filed in federal district court.
Wrong Surgery
Surgery performed on the wrong site is a very rare error, but it could be considered medical malpractice when the procedure is performed on the wrong area of the body. This type of error is usually caused by miscommunications between members of the surgical team, or production pressures that result in surgeons having multiple surgeries assigned at once. In these instances, the surgeon is not solely responsible for his or her liability for a wrong-site surgery since there is a legal rule known as “res ipsa loquitur” which means that the result of the error is evident and can be attributed to negligence.
If a patient is injured during an incorrect procedure the patient may require additional procedures to rectify problems that were exacerbated by the error. Patients and their families are left with expensive medical bills. These expenses must be considered when calculating the financial impact of medical malpractice claims.
Most often surgeons are liable for surgical errors. They are responsible in preparing the patient for surgery, reviewing the medical records and charts of the patient, communicating with the medical team, and ensuring that the incision was made in the proper location. However, in certain instances an anesthesiologist or a hospital could also be accountable. Medical malpractice cases are usually filed in state courts, but they may be transferred under certain circumstances to federal court.