Common Causes of Malpractice Litigation
woodcliff lake malpractice lawyer litigation can be a difficult procedure. If the error constitutes malpractice depends on the ability of the patient to establish four legal elements that include a professional obligation; breach of this duty; harm caused by the breach and the possibility of quantifiable damages.
Plaintiffs must also prove these elements through evidence such as expert testimony, depositions, or discovery.
Incorrect diagnosis and inability to diagnose
The failure of a physician to accurately diagnose a disease or injury can lead to grave complications, or even death. Many medical malpractice cases result from incorrect diagnosis. To prove negligence, the patient or their attorney must demonstrate that a competent physician under similar circumstances and working in the same field would not have misdiagnosed the condition.
Misdiagnosis doesn’t always mean negligence. Even highly-trained and experienced doctors can make mistakes. Therefore, a claim of malpractice has to be backed by other elements such as breach, proximate cause and actual injury. If a doctor does not sterilize his equipment prior to administering anesthesia and the patient develops an infection due to this, he could be guilty.
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. However, federal courts may have jurisdiction under limited circumstances. A case may be brought before a federal court in specific circumstances. For example it could involve an issue regarding a statute of limitation or when the parties have different nationalities. Some claims are settled by arbitration that is binding and voluntary. This is a less formal process that is governed by professional decision makers. It is designed to minimize costs, expedite the legal process, and remove the risk of overly large juries. However, arbitration is not available for all claims of malpractice.
Dosage for a drug that is not correct
Medication errors, also referred as medication mistakes are among the main reasons for medical malpractice lawsuits. They can involve a physician prescribing a prescription in error or giving the wrong dosage to a patient. These mistakes are usually preventable. In certain circumstances the hospital or its staff, pharmacist or other health care providers could be held accountable for the injuries suffered by the patient who received the wrong drug dosage.
A doctor may prescribe the wrong medication to a patient because of an inaccurate diagnosis or simply because he/she misreads the prescription. A health care professional could also prescribe the wrong dosage because of an inability to communicate like when nurses read a doctor’s handwritten script incorrectly or the pharmacist is mistaken in filling the prescription. In other cases the doctor could delay the administration of the correct medication, which could result in the patient’s health getting worse.
To win a malpractice lawsuit, a victim must prove that the medical professional did not meet their duty of care and that negligence directly caused their injuries. This requires medical expert testimony. Furthermore, a medical negligence claim must establish the extent of the victim’s injuries and the damages they suffered as a result of the negligence. This includes the cost of treatment as well as any wage loss. The more loss you suffer, the higher the value of the claim.
Incorrect Procedure
It might seem unlikely that medical professionals would carry out the incorrect procedure on a patient, however, this kind of thing is quite common. The surgeon who makes this mistake can be held liable for malpractice. However the patient who is injured due to a surgical error may also be held liable for any negligence that occurred during the way to the procedure.
Any health care professional who is accused of negligence must prove that the patient was hurt by a specific action or inaction. To establish this, the legal team of the patient must prove: (1) that the doctor had a responsibility to provide care or treat the patient; (2) that he violated his duty; (3) that a causal connection exists between the negligence and injury and (4) the harm results in damages that the legal system could address.
A breach of duty of care has no significance unless it results in injury. This is the reason why medical malpractice cases tend to be founded on the legal doctrine “res ipsa locquitur” which says that certain injuries are so obvious that they can only be explained through negligence.
Depending on the circumstances, the plaintiff (the person who filed the claim or their legal representative) or their lawyer may decide to file the case either in state or federal court. The majority of clemmons malpractice lawsuit cases are filed with state courts, but in certain circumstances a medical negligence case can be filed in federal district court.
Wrong Surgery
The wrong-site surgery is rare but it can be considered medical malpractice in the event that the procedure is carried out in the wrong area of your body. This type of error usually occurs as caused by miscommunication between members of a surgical team, or production pressure that results in an individual surgeon being assigned multiple surgeries at one time. In these instances the surgeon isn’t solely responsible for an incorrect-site procedure because of the legal principle of “res ipsa locquitur” which states that the outcome speaks for itself and cannot be blamed on negligence.
When a patient is injured during surgery that is performed on the wrong site the patient may require additional procedures to repair issues that were caused by the surgical error. This could result in expensive medical bills for patients and their families. This expense should be taken into consideration when calculating the financial consequences of medical malpractice lawsuits.
Most often surgeons are liable for surgical mistakes. They are accountable in preparing the patient for surgery, reviewing the chart and medical records of the patient, coordinating with the rest of the medical team, and ensuring that the incision was made at the correct location. In certain instances, a hospital or anesthesiologist may also be held responsible. Medical malpractice claims are usually filed in state courts. However, under certain circumstances they may be transferred to federal court.