Common Causes of Malpractice Litigation

Malpractice litigation can be a difficult procedure. If a person can prove four elements, it will be able to determine whether or not the error is malpractice. These are professional obligations or breach of that obligation; a repercussion from the breach; and measurable damages.

Plaintiffs must be able to prove the elements using evidence such as expert testimony and depositions.

Incorrect diagnosis or failure to diagnose

Failure to identify an injury or illness in a timely manner can cause serious complications, or even death. Many medical lemoore malpractice lawyer cases result from mistaken diagnosis. To prove negligence the patient or their attorney must show that a competent physician under similar circumstances and in the same specialty would not have misdiagnosed the problem.

The misdiagnosis of a patient does not always mean negligence. Even highly-trained and experienced doctors can make errors. Therefore, any claim of malpractice must be backed by other factors such as breach, proximate cause or actual injury. If a doctor fails sterilize his equipment prior to giving anesthesia, and the patient gets infected due to this, he could be found to be negligent.

In most instances, lawsuits claiming that there was a mistake will be filed in the state trial court in which the alleged error occurred. However, federal courts could have jurisdiction in certain situations. A case can be brought before a federal court in certain circumstances. For example it could be a dispute about a statute of limitation or if the parties are of different citizenships. Additionally, some cases are resolved through binding arbitration that is voluntary. This is a less formal procedure involving professional decision makers that is designed to reduce costs, expedite legal proceedings and remove the risk of overly generous juries. Arbitration is not available in all cases of misconduct.

The wrong dosage of medication

Medication errors--also called medication mistakes--are among the most common causes of medical malpractice lawsuits. These errors could be caused by a doctor writing a prescription in a wrong format or giving the patient the incorrect dosage. These errors are typically preventable. In the event of an incident the pharmacy, hospital or other health care providers could be held accountable for the injuries resulting from a patient who received the wrong dose of a drug.

A doctor may prescribe the incorrect medication to a patient because of an inaccurate diagnosis or simply because he/she misreads the prescription. A health care professional may also administer the incorrect dosage due to a failure in communication. For example the nurse might interpret a doctor's prescription incorrectly or a pharmacist may have a mistake while filling the prescription. In other instances the doctor may delay delivering the correct medication, which can result in the patient's health getting worse.

A person who suffers from a medical malpractice claim must prove, Vimeo to be successful in a malpractice claim, that the medical professional breached their standard of practice and that their injuries were directly caused by the negligence. This requires medical experts to be present. A medical malpractice case must prove the extent and severity of the victim's injuries. This includes the cost of treatment and vimeo any wage loss. The greater the loss the greater the value of the claim.

Unskillful Procedure

It might seem absurd for medical professionals to perform the incorrect procedure on a patient however, this type of event does occur. A surgeon who makes this mistake could be held accountable for negligence. However, a patient who is injured as a result of a surgical error could also be held accountable for any negligence that occurred along the way to the procedure.

A health care professional who is accused of negligence must prove that the patient was injured as a result of an action or failure to act. To establish this the legal team of the patient must demonstrate that: (1) the doctor had a duty to provide care or treatment; (2) that the doctor did not fulfill this duty; (3) that there is a direct and causal connection between the breach and the injury and (4) that the injury results in damages that the legal system is able to be able to address.

A breach of the duty of care is not relevant unless it causes injury this is why medical malpractice claims are typically founded on a legal principle called "res ipsa loquitur." This law says that, in a majority of cases certain injuries are obvious and evident that they cannot be explained except by negligent actions.

Depending on the facts of the case, the plaintiff (the patient or their legally appointed representative) or their lawyer may file the claim in state or federal court. Most malpractice cases are filed in state court, but under certain circumstances, a medical wadsworth malpractice lawyer lawsuit could be filed in federal district court.

Wrong Surgery

The wrong-site surgery isn't common but it could be considered medical malpractice in the event that the procedure is carried out in the wrong part of your body. This kind of error is usually due to miscommunication between members of a surgical team or production pressure that results in an individual surgeon being assigned multiple surgeries at the same time. In these situations the surgeon isn't all-in on his liability for a wrong-site surgery since there is an underlying legal principle referred to as "res ipsa loquitur" which means that the effect of the error is evident and cannot be attributed to negligence.

If a patient gets injured by wrong-site surgery the patient may require additional procedures to repair problems exacerbated by the surgical error. Patients and their family members are left with hefty medical bills. It is important to consider these costs when calculating the financial costs of medical malpractice lawsuits.

Surgeons are most often found to be responsible for surgical mistakes because they are the ones who are accountable for preparing for the operation as well as double-checking the patient's charts and medical records, communicating effectively with other members of the medical team, and making sure the incision is done at the correct place. However, in certain instances an anesthesiologist or a hospital could also be liable. Medical malpractice cases are usually filed in state court but may be transferred in certain circumstances to federal court.