Common Causes of Malpractice Litigation

The legal process for defending malpractice is a complex process. If a patient is able to prove four elements, it will decide whether or not the mistake is a case of malpractice. These are professional obligation in breach of this obligation; a repercussion from this breach; and measurable damages.

Plaintiffs must also prove the facts using evidence like expert testimony and depositions.

The wrong diagnosis or the inability to diagnose

The failure of a physician to accurately diagnose a disease or injury could lead to grave complications, or even death. Misdiagnosis is a common reason for medical negligence. To prove negligence, the patient or their lawyer must demonstrate that a competent physician under similar circumstances and working in the same specialty would not have misdiagnosed the condition.

Misdiagnosis does not always constitute malpractice. Even the most experienced and highly trained doctors make mistakes, and a claim of malpractice must be supported by other factors like breach, proximate causality and actual injury. For instance the case where a physician does not take the time to sterilize their equipment prior to giving anesthesia to a patient and they develop an infection as a result the doctor could be found to be negligent.

Lawsuits that claim malpractice are usually filed in state trial courts where the alleged malpractice took place. Federal courts could be able to hear cases in certain situations. A case may be brought before federal court in certain circumstances. For instance it could involve an issue regarding a statute of limitation or when the parties are of different nationalities. Certain disputes are settled through binding voluntary arbitration. This is a less formal procedure involving professional decision makers that is designed to cut costs, speed up legal proceedings, and eliminate the possibility of excessively generous juries. However, arbitration isn't available for all claims of malpractice.

The wrong dosage of medication

Medication errors, also referred to as medication mistakes are among the leading causes of medical malpractice suits. They can be the result of a doctor prescribing a prescription in error or delivering the wrong dose to patients. These mistakes are usually avoidable. In certain circumstances, a hospital or its staff, a pharmacist or other health professionals could be held responsible for the injuries suffered by a patient who was given the wrong dosage of a drug.

A doctor could prescribe the wrong medication because of a misdiagnosis. Or, simply not understanding the prescription correctly. A health care provider can also administer the wrong dosage due to a lapse in communication. For example, a nurse may take a doctor's prescription and read it incorrectly or a pharmacist could have a mistake while filling the prescription. In other situations the doctor may delay the proper medication to the patient, which could result in the patient's condition getting worse.

A person who suffers from a medical malpractice claim must prove, in order to prevail on a Malpractice Lawyer (Www.Chunwun.Com) lawsuit that the medical professional violated their professional standards and that their injuries were directly caused by the negligence. This requires medical experts to provide evidence. In addition, a medical mishap case must establish the severity of a victim's injuries and the damages they suffered as a result of the negligence. This includes the costs of treatment for a patient and any lost wages. Generally, the greater a person's losses are and the greater the value of the claim will be.

Wrong Procedure

It's not likely that medical professionals would carry out the incorrect procedure on a patient but this type of incident does occur. If a surgeon makes this kind of error could be held accountable for malpractice. However those who are injured due to a surgical error can also be held accountable for any negligence that occurred along the process.

Any health professional who is alleged to be negligent must prove that the patient was hurt by a specific action or inaction. To establish this the legal counsel of the patient must demonstrate that: (1) the doctor was bound by a duty to provide care or treatment; (2) that the doctor violated that duty; (3) that there is a direct causal connection between the breach and the injury; and (4) that the injury causes damages which the legal system has the power to deal with.

A breach of the duty of care is insignificant unless it causes injury this is why medical malpractice claims are typically based on a legal doctrine called "res ipsa loquitur." This law says that, in a majority of cases certain injuries are obvious and evident that they can only be explained through negligent acts.

Depending on the circumstances of the situation, the plaintiff (the patient or their legally designated representative) or their attorney can bring the case in federal or state court. The majority of malpractice cases are filed with state courts, but in certain situations, a medical negligence lawsuit can be filed in federal district court.

Wrong Surgery

Wrong-site surgery is a rare error, but it may be considered medical malpractice if the procedure is performed on the wrong part of the body. This type of error usually occurs as the result of miscommunication between the members of a surgical team or production pressure that results in an individual surgeon being assigned multiple surgeries simultaneously. In these cases the surgeon isn't solely responsible for a wrong-site operation due to a legal rule known as "res ipsa locquitur" which states that the outcome is a matter of fact and cannot be attributed to negligence.

If the patient is injured during a wrong-site procedure the patient may need additional procedures to correct problems that were made worse by the error. This results in costly medical expenses for the patient and their families. It is important to take these costs into account when calculating the financial impact of medical malpractice claims.

Most often surgeons are held accountable for surgical mistakes. They are responsible in preparing the patient prior to the procedure, examining the medical record and chart of the patient, coordinating with the medical staff, and ensuring that the incision was made at the right place. In some cases the hospital or anesthesiologist can also be held liable. Medical malpractice claims are typically filed in state court, but may be transferred in certain circumstances to federal court.