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

Common Causes of Malpractice Litigation

Malpractice litigation involves a complex process. If a patient is able to prove four elements, it will be able to determine whether or not the error is a case of malpractice. These are: a professional obligation; a breach of that duty; an injury resulting from this breach; and measurable damage.

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

Incorrect diagnosis or failure to diagnose

The failure of a physician to accurately diagnose an illness or injury can lead to grave complications, or even death. Many medical malpractice attorneys cases result from misdiagnosis. To prove negligence the patient or their attorney must prove that a competent doctor in similar circumstances and working in the same area would not have missed the diagnosis.

Misdiagnosis does not always constitute malpractice. Even the most experienced and highly trained doctors make mistakes, therefore the claim of malpractice must be supported by other elements like breach, proximate causation and actual injury. For instance, if a physician fails to properly sterilize their equipment prior to giving anesthesia to a patient and they develop an infection in the process, the doctor could be found to be negligent.

In most instances, lawsuits claiming malpractice will be filed in the state trial court where the alleged misconduct occurred. Federal courts could however have jurisdiction in certain circumstances. For instance, a claim could be filed in federal court if there is disputes over the statute of limitations or in the event of a significant variation in the citizenship of the parties involved in the case. Alternatively, some claims are settled through voluntary binding arbitration. This is a less formal procedure which involves professional decision makers and is intended to save costs, expedite legal proceedings and remove the possibility of excessively generous juries. Arbitration is not available in all instances of malpractice.

Dosage for a drug that is not correct

Medication errors--also called medication mistakes--are among the most common causes of medical malpractice lawsuits. They can involve a physician prescribing the wrong medication or delivering the wrong dose to the patient. These mistakes are usually preventable. According to the circumstances the hospital staff member, a pharmacist or other health care provider could be held accountable for the injuries of patients who were given the wrong dose of medication.

A doctor can prescribe the wrong medication because of a misdiagnosis, or simply misreading the prescription. A health care professional may also administer the wrong dosage because of a glitch in communication. For instance nurses may read a doctor's script incorrectly or a pharmacist could have a mistake while filling the prescription. In other instances the doctor may delay the administration of the correct medication to the patient, which could result in their condition deteriorating.

A victim must prove, in order to win a malpractice lawsuit, that the medical professional breached their standard of practice and that their injuries were directly attributed to the negligence. This requires the testimony of a medical expert. A medical malpractice claim also must establish the extent and severity of the victim's injuries. This includes the cost of treatment as well as any lost wage. The greater the loss is, the more valuable of the claim.

Incorrect Procedure

This kind of incident is not unusual. It may seem impossible for medical professionals to perform the wrong procedure on patients, but it's true. A surgeon who makes this error may be held to be liable for malpractice. However the patient who is injured due to a surgical error may also be held liable for any negligence that occurred the path to the procedure.

A health professional accused of malpractice must demonstrate that the patient was injured because of an action or inability to perform the act. To prove this the legal team of the patient must demonstrate that: (1) the doctor was under the obligation to provide medical care or treatment; (2) that the doctor breached the duty of care; (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 be able to address.

A breach of duty of care is no value unless it results in injury. This is the reason medical malpractice cases tend to be built on the legal principle "res ipsa locquitur," which says that certain injuries are so obvious that they can be explained only by negligence.

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

Wrong Surgery

The wrong-site surgery is rare but it could be considered medical Malpractice lawyers when the procedure is done in the wrong place on 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 leads to the surgeon being tasked with multiple surgeries at the same time. In these instances, the surgeon is not solely responsible for his or her liability for a wrong-site surgery since there is a legal principle called "res ipsa loquitur" which means that the result of the error is evident and cannot be traced to negligence.

If a patient is injured as a result of surgery done on the wrong location, he or she may require additional procedures to repair problems exacerbated by the surgical error. Patients and their families are left with high medical bills. It is important to consider these costs when calculating the financial costs of medical malpractice lawsuits.

Surgeons are often accountable for surgical errors as they are the ones who are responsible for properly preparing for the operation, double-checking the patient's chart and medical records, communicating effectively with the other members of the medical team, and making sure that the incision has been located at the correct location. In some cases an anesthesiologist or hospital may also be held responsible. Medical malpractice claims are usually filed in state courts, but in certain situations, they can be transferred to federal court.