Common Causes of Malpractice Litigation

The legal process for defending malpractice is a complex process. If a patient can prove four elements, it will be able to determine whether or not the error is malpractice. These are the following: a professional obligation; a breach of that obligation; an injury that results from this breach; and quantifiable damage.

Plaintiffs must demonstrate these elements with evidence such as 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 death. The misdiagnosis of a patient is a frequent cause of medical negligence. To prove negligence the patient or their attorney must show that a competent doctor under similar circumstances and working in the same specialty would not have misdiagnosed the condition.

The misdiagnosis of a patient does not always mean negligence. Even the most skilled and trained doctors make mistakes, therefore an allegation of malpractice needs to be backed by other elements such as breach, proximate causation and actual injury. For example, if a physician fails to properly sterilize their equipment before administering anesthesia and the patient develops an infection in the process the doctor could be guilty of malpractice.

In most cases, lawsuits that allege malpractice will be filed in the state trial court in which the alleged error occurred. However, federal courts could be able to hear cases in specific circumstances. A claim may be filed before federal court in certain circumstances. For instance, it may involve an issue regarding a statute of limitation or in the event that the parties have different nationalities. Certain disputes are settled through binding voluntary arbitration. This is a less formal procedure that involves professionals who make the decisions. It is designed to reduce costs, expedite legal proceedings and reduce the risk of overly generous juries. However, arbitration is not available for all malpractice claims.

Dosage for a drug that is not correct

Medication mistakes, also referred to as medication errors, are among the most common causes of medical malpractice lawsuits. These errors are caused by a physician submitting a prescription in the wrong format or giving the patient the incorrect dosage. These mistakes are often avoidable. Based on the circumstances the situation, a pharmacist, a hospital or other health care provider could be held accountable for the injuries resulting from patients who were given the wrong dosage of a medication.

A doctor could prescribe the wrong medicine because of a misdiagnosis. Or, simply making a mistake in the prescription. A health professional may also prescribe the wrong dose due to a breakdown in communication for example, when nurses read the handwritten prescription of a doctor incorrectly or the pharmacist is mistaken in filling out the prescription. In other cases the doctor might delay the administration of the correct medication, which can cause the patient's condition to worsening.

In order to be successful in a spring lake park malpractice lawyer lawsuit, a victim must prove that the medical professional acted in breach of their duty of care and that negligence directly caused the injuries. This requires medical experts to be present. In addition, a medical mishap case must prove the extent of the victim's injuries as well as the damages they sustained because of the negligence. This includes the costs of a person's treatment and any wages lost. The more money you lose is, the more valuable of the claim.

Unskillful Procedure

It may seem impossible for medical professionals to perform the incorrect procedure on a patient but this type of mishap is quite common. If a surgeon makes this mistake could be held liable for negligence. A patient who is injured due to a surgical error may be held accountable for any error that occurred during the procedure.

Any health care professional who is accused of misconduct must show that the patient was hurt by a specific act or omission to act. To prove this the legal counsel of the patient must prove that: (1) the doctor was in the obligation to provide medical care or treatment; (2) that the doctor breached this duty; (3) that there is a direct causal link between the breach and the injury; and (4) that the injury causes damages that the legal system is able to address.

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

Depending on the facts of the situation, the plaintiff (the patient or their legally appointed representative) or their attorney may file the claim in federal or state court. The majority of roseville malpractice lawsuit cases are filed in state courts, however in certain circumstances a medical negligence case may be filed in federal district court.

Wrong Surgery

The wrong-site surgery isn't common but it can be considered medical malpractice when the procedure is done in the wrong location of your body. This kind of error is usually the result of miscommunications between the surgical team or pressures on production that result in surgeons having multiple surgeries at once. In these instances, the surgeon is not the only one with responsibility for a surgery that was performed on the wrong site due to the legal principle known as "res ipsa loquitur" which means that the consequence of the error is evident and can only be attributed to negligence.

When a patient is injured during surgery that is performed on the wrong site the patient may require additional procedures to repair problems caused by the mistake. This could result in expensive medical expenses for patients as well as their families. These expenses should be taken into consideration when calculating the financial consequences of medical malpractice claims.

The majority of times, surgeons are held responsible for surgical errors. They are responsible in preparing the patient prior to the procedure, as well as checking the medical records and chart of the patient, communicating with the rest of the medical team, and ensuring that the incision was placed at the correct location. However, in some instances an anesthesiologist or a hospital could be held accountable. Medical malpractice lawsuits are usually filed in state courts, but in certain situations, they can be transferred to federal court.