20 Reasons Why Malpractice Lawyers Will Not Be Forgotten > 문의하기

Common Causes of Malpractice Litigation

Malpractice litigation is a tense procedure. Whether or not an error is malpractice based on whether the patient can establish four legal elements: a professional duty breach of this duty; injury due to the breach and tangible damages.

Plaintiffs must prove these elements through evidence like expert testimony, depositions, or discovery.

Misdiagnosis or Failure to Diagnose

The inability of a doctor to correctly diagnose an illness or injury can result in grave complications, or even death. A large number of medical malpractice cases involve misdiagnosis. To establish negligence, a patient or their lawyer must show that a seasoned doctor in similar circumstances would not have misdiagnosed a condition.

A misdiagnosis is not always malpractice. Even experienced and highly trained doctors can make errors. Therefore, any claim for malpractice must be backed by other factors like breach, proximate cause or actual injury. If a physician fails to sterilize his equipment prior to administering anesthesia and the patient is infected due to this, the doctor may be found to be negligent.

The majority of lawsuits involving malpractice are filed in state trial courts where the alleged error occurred. Federal courts could be able to hear cases in certain circumstances. For instance, a claim may be brought in federal court if there is a dispute over the statute of limitations or if there is a substantial diversity of citizenship of the parties in the case. In other cases, certain claims are resolved through binding arbitration that is voluntary. This is a less formal procedure involving professional decision makers that is intended to cut costs, expedite legal proceedings and eliminate the possibility of excessively generous juries. Arbitration is not available in all instances of malpractice.

Dosage of a drug that is incorrect

Medication mistakes, also referred to as medication errors, are one of the main causes of medical malpractice lawsuits. They can involve a physician prescribing a prescription in error or giving the wrong dosage to a patient. These errors are usually avoidable. According to the circumstances the pharmacy, hospital or other health care provider could be held accountable for the injuries resulting from a patient who was given the wrong dose of a drug.

A doctor could prescribe the wrong medication as a result of a misdiagnosis or simply failing to read the prescription. A health professional may also administer the wrong dose due to an interruption in communication, such as when a nurse reads the handwritten prescription of a doctor incorrectly or the pharmacist is mistaken in filling out the prescription. In other situations, a doctor could delay the proper medication to the patient, resulting in their condition deteriorating.

A person seeking compensation must prove, for the sake of winning a malpractice lawsuit, that the medical professional breached their professional standards and that their injuries were directly attributed to the negligence. This requires medical expert testimony. A medical malpractice case must establish the extent and damages of the victim's injuries. This includes the cost of treatment for a patient and any lost wages. The greater person's losses are and the greater the value of the claim will be.

The wrong procedure

It's not likely that medical professionals could perform the incorrect procedure on a patient, however, this kind of thing can occur. The surgeon who makes this mistake can be held accountable for negligence. A patient who is injured as a result of a surgical error may be held responsible for any error that occurred during the procedure.

Any health professional who is accused of misconduct must show that the patient was harmed through a specific act or failure to act. To establish this, the legal team representing the patient must demonstrate: (1) that the doctor was legally obligated to treat or provide care to the patient; (2) that he did not fulfill that duty; (3) that a causal connection exists between the breach and the injury and (4) the harm results in damages that the legal system could address.

A breach of the duty of care is not relevant unless it causes injury that's why medical malpractice lawsuits are generally based on a legal doctrine known as "res ipsa loquitur." This law says that, in a majority of cases certain injuries are evident and obvious that they cannot be explained except by negligent actions.

Based on the facts of the situation, the plaintiff (the patient or their legally appointed representative) or their attorney may bring the case in federal or state court. Most malpractice cases are filed in state courts, however under limited circumstances medical malpractice lawsuits may be filed in federal district court.

Wrong Surgery

The procedure that is performed on the wrong site is not common but it can be considered medical malpractice when the procedure is done in the wrong area of your body. This kind of error is typically caused by a lack of communication between members of a surgical team, or production pressure that results in the surgeon being tasked with multiple surgeries simultaneously. In these situations, the surgeon is not alone in his or her responsibility for a surgical error that is not performed correctly because there is a legal principle called "res ipsa loquitur" which means that the effect of the error speaks for itself and cannot be attributed to negligence.

If someone is injured during an operation that was performed on the wrong site, he or her may require additional procedures to fix issues that were caused due to the error. This leads to costly medical bills for patients and their families. These costs should be taken into consideration when calculating the financial consequences of medical malpractice lawsuits.

Surgeons are most often held liable for surgical errors because they are the individuals who are responsible for properly prepping for the operation and double-checking the patient's medical chart and medical records, communicating effectively with the other members of the medical team, and making sure that the incision is done at the correct place. However, in some cases hospitals or anesthesiologists may also be accountable. Medical malpractice claims are generally filed in state court but may be transferred in certain circumstances to federal court.