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Common Causes of Malpractice Litigation

Malpractice litigation involves a complex procedure. If a person can prove four elements, it will determine whether or not the mistake is malpractice. These are professional obligations; a breach of that obligation; a repercussion from the breach; and quantifiable damages.

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

Undiagnosed or Incorrectly Diagnosed

Failure to identify an injury or illness accurately can lead to serious complications, or death. Incorrect diagnosis is a common reason for medical Haverstraw Malpractice Attorney. To show negligence, the patient or their lawyer must demonstrate that an experienced doctor in similar circumstances would not have misdiagnosed the condition.

There are many misdiagnosis that could be considered negligence, but. Even highly skilled and experienced doctors make mistakes, so an allegation of malpractice needs to be supported by other elements such as breach, proximate causation, and actual injury. For instance when a doctor does not take the time to sterilize their equipment prior to administering anesthesia, and the patient develops an infection because of it, the doctor could be guilty of malpractice.

In the majority of cases, lawsuits alleging malpractice will be filed in the state trial court where the alleged error occurred. Federal courts can be able to hear cases in certain instances. For example, a claim could be filed in federal court if it is the interpretation of the time limit for filing a claim or when there is a substantial variation in the citizenship of those involved in the dispute. Certain disputes are settled through binding arbitration. This is a less-formal process that involves professional decision makers. It is designed to minimize costs, speed up legal process, and remove the risks associated with generous juries. However, arbitration is not accessible for all claims of malpractice.

Wrong Drug Dosage

Medication mistakes, also referred to as medication errors, are one of the most common causes of medical augusta malpractice law firm lawsuits. They can be the result of a doctor writing a prescription incorrectly or delivering the wrong dose to a patient. These errors are usually preventable. According to the circumstances, a hospital or its staff, a pharmacist or other health care provider could be held accountable for the injuries of a patient who was prescribed the wrong dosage of medication.

A doctor might prescribe the incorrect medication to a patient because of an incorrect diagnosis or simply because he/she misreads the prescription. A health professional could also give the wrong dosage due to a failure in communication. For instance, a nurse may take a doctor's prescription and read it incorrectly or a pharmacist could fail to fill the prescription. In other instances the doctor may delay in administering the correct 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, to be successful in a malpractice claim, that the medical professional breached their professional standards and that their injuries were directly attributed to the negligence. This requires the testimony of a medical expert. A medical malpractice claim also must prove the severity and the damages caused by the victim's injuries. This includes the cost of treatment for a patient and any lost wages. The greater the loss the greater the value of the claim.

Unskillful Procedure

It might seem absurd that medical professionals could perform the wrong procedure on a patient but this type of incident does occur. If a surgeon makes this mistake could be held accountable for malpractice. If a patient is injured because of a surgical error may be held accountable for any errors that occured during the procedure.

A medical professional accused of holbrook malpractice lawsuit has to prove that the patient was injured due to a specific act, or failure to act. To prove this the legal counsel of the patient must prove that (1) the doctor was under an obligation to provide care 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 results in damages that the legal system could be able to address.

A breach of the duty of care is meaningless unless it causes injury which is the reason medical malpractice claims are typically founded on a legal principle known as "res ipsa loquitur." This law states that, in many instances certain injuries are obvious and evident that they are only explained by negligence.

Depending on the circumstances the plaintiff (the person who filed the claim or their legal representative) or their lawyer may choose to file either in state or federal court. The majority of malpractice cases are filed in state court. However, under limited circumstances medical malpractice lawsuits could be filed in federal district court.

Wrong Surgery

The wrong-site procedure is rare but it can be considered medical malpractice when the procedure is performed in the wrong area of your body. This type of error is usually caused by miscommunications between members of the surgical team, Haverstraw malpractice attorney or by production pressures that result in the surgeon performing multiple surgeries scheduled at the same time. In these situations the surgeon isn't the only one with responsibility for a surgery that was performed on the wrong site because there is an underlying legal principle referred to as "res ipsa loquitur" which means that the outcome of the error speaks for itself and can be attributed to negligence.

If an individual is injured in an incorrect procedure, he or her may require additional procedures to fix issues that were caused by the mistake. This leads to costly medical expenses for patients as well as their families. It is essential to take these costs into consideration when calculating the financial impact of medical malpractice claims.

Surgeons are most often found to be responsible for surgical mistakes because they are the ones who are responsible for properly making preparations for the operation by double-checking patient's chart and medical records, communicating effectively with other members of the medical team and making sure the incision is made on the correct site. However, in some instances an anesthesiologist or a hospital could also be accountable. Medical malpractice lawsuits are typically filed in state court, but they may be transferred under certain circumstances to federal court.