Common Causes of Malpractice Litigation

Malpractice litigation is a complex procedure. If a patient can prove four elements, it will be able to determine whether or not the mistake is malpractice. These are professional obligation and a breach of that duty; a loss resulting from the breach; and quantifiable damage.

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

Misdiagnosis and Failure to Diagnose

Failure to correctly diagnose an injury or illness in a timely manner could lead to serious complications, or even death. A lot of medical malpractice cases involve mistaken diagnosis. To prove negligence the patient or their attorney must prove that a competent doctor under similar circumstances and in the same field would not have missed the diagnosis.

Misdiagnosis does not always constitute negligence. Even highly experienced and trained doctors can make errors. Therefore, a claim for juneau malpractice lawsuit must be backed by other factors, such as breach, proximate causes and actual injury. For example If a doctor fails to properly sterilize their equipment before administering anesthesia and the patient develops an infection as a result the doctor could be found to be negligent.

In the majority of cases, lawsuits alleging malpractice will be filed in the state trial court in which the alleged charles city Malpractice lawyer took place. However, federal courts may be able to hear cases in specific circumstances. A case can be brought before a federal court under certain circumstances. For example it could involve a dispute about the statute of limitations or when the parties are of different citizenships. Alternatively, some claims are resolved through binding arbitration that is voluntary. This is a less formal procedure which involves professional decision makers and is designed to cut costs, expedite legal proceedings and eliminate the risk of overly generous juries. Arbitration is not available in all instances of misconduct.

Dosage for a drug that is not correct

Medication errors, often referred to as medication errors, are one of the leading causes of medical celina malpractice lawyer lawsuits. They can be caused by a physician writing a prescription incorrectly or administering the wrong dosage to the patient. These mistakes are often avoidable. According to the circumstances, a hospital or its staff, a pharmacist or other health care providers may be held liable for the injuries of a patient who was prescribed the wrong dosage of medication.

A doctor can prescribe the wrong drug because of a misdiagnosis or simply not understanding the prescription correctly. A health care provider can also administer the incorrect dosage due to a lapse in communication. For instance, a nurse may take a doctor's prescription and read it incorrectly or a pharmacist may make a mistake when filling the prescription. In other situations, a doctor could delay administering the correct medication to the patient, which could result in their condition deteriorating.

To prevail in a malpractice case, a victim must show that the medical professional breached their standard of care and that negligence directly caused the injuries. This requires testimony from a medical expert. A medical malpractice case also must establish the extent and the damages caused by the victim's injuries. This includes the cost of treatment and any lost wage. In general, the greater a person's losses are in the greater value of the claim will be.

The wrong procedure

This type of incident is not uncommon. It may seem impossible for medical professionals to perform the incorrect procedure on patients but it's true. A surgeon who makes this error could be held liable for negligence. A patient who is injured due to an error in surgery could be held accountable for any errors that occured during the procedure.

A health care professional who is accused of negligence must prove that a patient was injured by a specific act, or failure to take action. To establish this the legal counsel of the patient must show that: (1) the doctor was bound by an obligation to provide treatment or treatment; (2) that the doctor breached this duty; (3) that there is a direct and causal connection between the breach and the injury and (4) that the injury causes damages that the legal system is able to resolve.

A breach of duty of care is no significance unless it results in injury. This is why medical malpractice cases tend to be founded on the legal doctrine "res ipsa locquitur" which states that certain injuries are so obvious that they can be explained only through negligence.

Based on the circumstances, the plaintiff (the person who filed the claim or their legal representative) or their lawyer can decide to file the claim either in state or federal court. The majority of malpractice cases are filed with state courts, but in certain circumstances, a medical negligence lawsuit could be filed with a federal district court.

Wrong Surgery

Surgery performed on the wrong site is a very rare mistake, but it could be considered medical malpractice if the procedure is performed on the wrong part of the body. This type of error is usually the result of miscommunications between the surgical team, or by production pressures that result in the surgeon performing multiple surgeries assigned at once. In these situations the surgeon is not solely responsible for a wrong-site procedure due to the legal principle known as "res ipsa locquitur", which states that the result is a matter of fact and cannot be blamed on negligence.

If someone is injured during an incorrect procedure it is possible that the patient will require additional procedures to fix problems that were aggravated by the error. Patients and their families are left with high medical bills. These expenses must be considered when calculating the financial impact of medical malpractice lawsuits.

Most often, surgeons are held responsible for surgical mistakes. They are accountable in preparing the patient prior to the procedure, as well as checking the medical record and chart of the patient, communicating with the medical staff, and ensuring that the incision was made at the correct location. However, in certain instances a hospital or anesthesiologist may be held accountable. Medical malpractice cases are usually filed in state court, but can be transferred under certain circumstances to federal court.