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

Common Causes of Malpractice Litigation

The process of bringing a malpractice lawsuit is a complex procedure. Whether or not an error is considered to be malpractice is dependent on whether the patient can prove four legal elements that include a professional obligation breach of this duty; injury due to the breach and the possibility of quantifiable damages.

Plaintiffs must prove these elements by presenting evidence like expert testimony, depositions, and discovery.

Incorrect diagnosis and inability to diagnose

Failure to identify an injury or illness accurately can result in serious complications, or death. A large number of medical malpractice cases involve mistaken diagnosis. To prove negligence, a patient or their lawyer must show that a seasoned doctor in similar circumstances would not have misdiagnosed the condition.

It is not always a case of negligence, but. Even highly skilled and experienced doctors can make errors. Therefore, any claim of malpractice has to be backed by other factors like breach, proximate cause and actual injury. For instance the case where a physician fails to properly sterilize their equipment before administering anesthesia and the patient develops an infection as a result the doctor may be found to be negligent.

Lawsuits alleging malpractice are typically filed in state trial courts, where the alleged error occurred. However, federal courts might have jurisdiction in certain situations. For example, a claim may be brought in federal court if it is an issue regarding the time limit or when there is a significant diversity of citizenship of the parties involved in the case. Additionally, some cases are settled through voluntary binding arbitration. This is a less formal process which involves professionals who make the decisions. It is designed to cut costs, expedite the legal proceedings, and eliminate the risk associated with overly large juries. Arbitration is not always available in cases of malpractice.

Wrong Drug Dosage

Medication errors--also called medication mistakes--are one of the most frequent causes of medical malpractice lawsuits. They can be the result of a doctor prescribing a prescription in error or giving the wrong dosage to a patient. These mistakes are often avoidable. According to the situation the pharmacy, hospital or other health care providers could be held accountable for the harm caused by patients who were given the wrong dose of a drug.

A doctor may prescribe the wrong medication to a patient as a result of an inaccurate diagnosis or simply because they misread the prescription. A health care provider may also prescribe the wrong dosage because of an issue with communication like when a nurse reads the doctor's handwritten prescription incorrectly or the pharmacist makes an error in filling the prescription. In other cases the doctor may delay the proper medication to the patient, resulting in their condition becoming worse.

To win a malpractice lawsuit, a victim must demonstrate that the medical professional acted in breach of their standards of care and that the negligence directly caused their injuries. This requires medical experts to testify. A medical malpractice case also must prove the extent and damages of the victim's injuries. This includes the costs of treatment for a patient and any lost wages. In general, the greater a person's losses are then, the more valuable the claim will be.

Unskillful Procedure

This kind of incident is not unusual. It might seem unattainable for medical professionals to perform the wrong procedure on patients however, it happens. A surgeon who commits this error could be held liable for malpractice. Patients who are injured as a result of an error in surgery could be held responsible for any errors that occured during the procedure.

Any health care professional who is accused of negligence must prove that the patient was injured due to a specific act or omission to act. To establish this the legal team representing the patient has to prove: (1) that the doctor was obligated to care for or treat the patient; (2) that he did not fulfill that duty; (3) that a causal link exists between the negligence and injury; and (4) the injury results in damages the legal system can deal with.

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

Based on the circumstances, the plaintiff (the person who filed the claim, or their legal representative) or their lawyer could decide to file the case in federal or state court. The majority of malpractice cases are filed in state courts, however under certain circumstances, a medical malpractice lawsuit (Read the Full Guide) may be filed in federal district court.

Wrong Surgery

The wrong-site surgery is a common error, but it could be considered medical malpractice if the procedure is performed on the wrong side of the body. This kind of error is usually caused by a lack of communication between the surgical team, or due to production pressures that result in a surgeon having multiple surgeries scheduled at the same time. In these instances the surgeon is not solely responsible for an incorrect-site procedure due to a legal principle known as "res ipsa locquitur" which says that the result speaks for itself and cannot be blamed on negligence.

If someone is injured during an incorrect procedure and is injured, they may need additional procedures to correct issues that were caused due to the error. This can result in high medical bills for patients and their families. These costs should be considered when calculating the financial impact of medical malpractice lawsuits.

The majority of times surgeons are liable for surgical mistakes. They are accountable in preparing the patient for the procedure, examining the chart and medical records of the patient, coordinating with the medical team, and ensuring that the incision was made in the correct place. In certain instances hospitals or anesthesiologists may also be held responsible. Medical malpractice lawsuits are usually filed in state courts. However, in certain situations they may be transferred to federal courts.