Fanny Bar asked 1 year ago
Common Causes of Malpractice Litigation
Malpractice litigation is a tense process. The question of whether or not an error constitutes malpractice depends on whether the patient is able to prove four legal elements: a professional duty; breach of this duty; injury resulted from the breach and tangible damages.
Plaintiffs must also prove these elements through evidence like expert testimony, depositions, and discovery.
Incorrect diagnosis or malpractice Litigation failure to diagnose
A physician’s inability to correctly diagnose an illness or injury could result in serious complications or even death. Incorrect diagnosis is a common reason for medical malpractice. To establish negligence, a patient or their lawyer must prove that a qualified doctor in similar circumstances would not have misdiagnosed a condition.
Every misdiagnosis can be considered to be malpractice, however. Even highly-trained and experienced doctors can make errors. Therefore, any claim of malpractice has to be backed by other factors such as breach, proximate causes and actual injury. If a doctor fails to sterilize his equipment prior the time he administers anesthesia, and the patient is infected because of this, the doctor may be found to be negligent.
In most instances, lawsuits claiming malpractice will be filed in the state trial court in which the alleged misconduct occurred. However, federal courts might be able to hear cases in specific circumstances. For instance, a case could be filed in federal court if it is an issue regarding a statute of limitations or if there is a substantial difference in citizenship among the parties to the case. In other cases, certain claims are resolved through binding arbitration that is voluntary. This is a less-formal process which involves professionals who make the decisions. It is designed to cut costs, speed up legal process, and remove the risk that comes with large juries. Arbitration is not always available in cases of malpractice.
Wrong Drug Dosage
Medication errors, also known as medication mistakes, are one of the most common causes of medical malpractice law lawsuits. They can be caused by a physician prescribing a prescription in error or giving the wrong dosage to patients. These mistakes are usually avoidable. Based on the circumstances, a hospital or its staff, pharmacist or other health care professionals could be held accountable for the harms suffered by a patient who was prescribed the wrong dosage of medication.
A doctor could prescribe the wrong drug because of a misdiagnosis or by simply failing to read the prescription. A health professional could also give the wrong dosage due to a breakdown in communication. For example nurses may take a doctor’s prescription and read it incorrectly or a pharmacist could make a mistake when filling the prescription. In other situations, a doctor could delay the administration of the correct medication to the patient, which could result in their condition deteriorating.
To win a malpractice case, a victim must show that the medical professional acted in breach of their standard of care and that the negligence directly caused the injuries. This requires medical experts to be able to testify. Medical malpractice cases also must prove the extent and damage of the victim’s injuries. This includes the cost of treatment as well as any lost wage. The more loss you suffer is, the more valuable of the claim.
Unskillful Procedure
This type of incident is not unusual. It may seem like a challenge for medical professionals to perform the wrong procedure on patients but it’s true. A surgeon who commits this error could be held accountable for malpractice legal. A patient who is injured as a result of a surgical error may be held accountable for any error that occurred during the procedure.
A health care professional accused of malpractice case has to prove that the patient was injured because of an action or failure to take action. To establish this the legal counsel of the patient must prove that (1) the doctor was bound by an obligation to provide treatment or treatment; (2) that the doctor did not fulfill this duty; (3) that there is a direct causal relationship between the breach and the injury and (4) that the injury causes damages that the legal system can deal with.
A breach of the duty of care is insignificant unless it causes injury, which is the reason medical malpractice claims are usually based on a legal doctrine known as “res ipsa loquitur.” This law states that, in the majority of cases, certain injuries are so obvious and recognizable that they can only be explained through negligent actions.
Depending on the circumstances of the situation, the plaintiff (the patient or their legally designated representative) or their lawyer may file the claim in federal or state court. The majority of malpractice cases are filed in state courts, however in certain circumstances the case of medical negligence can be brought to federal district court.
Wrong Surgery
The wrong-site surgery is a common error, but it may be considered medical negligence if the procedure is performed on the wrong part of the body. This type of error is usually caused by miscommunication between members of a surgical team, or production pressure that leads to the surgeon being assigned multiple surgeries at one time. In these instances the surgeon isn’t the only one with responsibility for a surgery that was performed on the wrong site because there is the legal principle known as “res ipsa loquitur” which means that the outcome of the error speaks for itself and cannot be traced to negligence.
If the patient is injured during an incorrect procedure it is possible that the patient will require additional procedures to fix issues that were caused due to the error. Patients and their families are left with expensive medical bills. These expenses should be taken into consideration when calculating the financial impact of medical malpractice claims.
The majority of times surgeons are held accountable for malpractice litigation surgical mistakes. They are responsible in preparing the patient for surgery, reviewing the medical records and charts of the patient, coordinating with the rest of the medical staff, and ensuring that the incision was placed in the correct place. In some instances hospitals or anesthesiologists may also be held responsible. Medical malpractice claims are usually filed in state courts, but in certain situations, they can be transferred to federal courts.