• 목록
• 답변
• 글쓰기
• 게시판 리스트 옵션
  • 수정
  • 삭제

Common Causes of Malpractice Litigation

Malpractice litigation involves a complex procedure. Whether or not the error constitutes malpractice depends on whether the patient is able to prove four legal elements: a professional duty; breach of this duty; injury resulted from the breach and quantifiable damages.

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

Incorrect diagnosis and inability to diagnose

A physician's inability to accurately diagnose an illness or injury could result in grave complications, or even death. A large number of medical malpractice cases involve misdiagnosis. To establish negligence, a patient or their lawyer must demonstrate that a seasoned doctor in similar circumstances would not have misdiagnosed the condition.

Every misdiagnosis can be considered to be malpractice, however. Even highly experienced and trained doctors can make mistakes. Therefore, a claim for malpractice must be supported with other elements like breach, proximate reason and actual injury. For instance, if a physician does not properly sterilize their equipment prior to administering anesthesia and the patient develops an infection as a result the doctor may be guilty of malpractice.

Lawsuits alleging malpractice are typically filed in state trial courts where the alleged malpractice occurred. However, federal courts might be able to handle cases in certain circumstances. A claim can be brought before a federal court in certain circumstances. For example it could be the issue of a statute of limitation or when the parties are of different nationalities. Some claims can be resolved through binding arbitration that is voluntary. This is a less formal process that involves professionals who make the decisions. It is intended to save costs, expedite legal proceedings and eliminate the possibility of excessively generous juries. However, arbitration is not available for all claims of malpractice.

The wrong dosage of medication

Medication errors, also referred as medication errors, are one of the main causes of medical malpractice lawsuits. They can result from a doctor prescribing the wrong medication or giving the wrong dosage to a patient. These errors are usually avoidable. According to the circumstances, a pharmacy, a hospital or other health care provider could be held responsible for the harm caused by patients who were given the wrong dosage of a drug.

A doctor could prescribe the incorrect medication to a patient as a result of an inaccurate diagnosis or simply because he/she misreads the prescription. A health professional could also administer the wrong dose due to an inability to communicate for example, malpractice when the nurse reads the doctor's handwritten prescription incorrectly or the pharmacist commits an error in filling the prescription. In other instances, a physician might delay in administering the correct medication to the patient, which could result in their condition becoming worse.

A person seeking compensation must prove, for the sake of winning a malpractice lawsuit, that the medical professional breached 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 claim must establish the extent of the victim's injuries as well as the damage they sustained as a result of the negligence. This includes the cost of treatment as well as any lost wage. Generally, the greater a person's losses are and the greater the value of the claim will be.

Wrong Procedure

It might seem unlikely for medical professionals to perform the wrong procedure on a patient, however, this type of event does occur. A surgeon who makes the mistake could be held accountable for malpractice. If a patient is injured due to an error during surgery may be held liable for any error that occurred during the procedure.

A health professional accused of malpractice has to prove that a patient was injured by an act or failure to take action. To prove this the legal counsel of the patient must prove that (1) the doctor had an obligation to provide treatment 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 that the legal system can resolve.

A breach of duty of care has no value unless it results in injury. This is the reason why medical malpractice cases are usually dependent on the lawful doctrine "res ipsa locquitur," which says that certain injuries are so obvious that they can only be explained through negligence.

Depending on the facts of the situation, the plaintiff (the patient or their legally designated representative) or their lawyer may present the claim to state or federal court. The majority of malpractice cases are filed with state courts, however in certain circumstances, a medical negligence lawsuit can be filed in federal district court.

Wrong Surgery

The wrong-site surgery isn't common but it could be considered medical malpractice when the procedure is performed in the wrong location of your body. This type of error usually occurs as caused by a lack of communication between the members of a surgical team, or production pressure that results in the surgeon being tasked with multiple surgeries at once. In these situations the surgeon isn't the only one with responsibility for an incorrect-site procedure because there is an underlying legal principle referred to as "res ipsa loquitur" which means that the result of the error is evident and cannot be attributed to negligence.

If the patient is injured during an improper procedure and is injured, they may require additional procedures in order to correct problems that were exacerbated by the error. This results in costly medical expenses for patients as well as their families. These expenses must be considered when calculating the financial consequences of medical malpractice claims.

Surgeons are often held liable for surgical errors as they are the ones who are responsible for properly preparing for the operation by double-checking patient's chart and malpractice medical records, coordinating effectively with the other members of the medical team, and making sure that the incision is located at the correct location. In certain instances the hospital or anesthesiologist may also be held responsible. Medical malpractice cases are usually filed in state court, however, they can be transferred under certain circumstances to federal court.