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Common Causes of Malpractice Litigation

The process of bringing a malpractice lawsuit is a complex procedure. If an error constitutes malpractice depends on whether the patient is able to prove four legal elements such as a professional duty breach of this duty; injury due to the breach and damages that can be quantifiable.

Plaintiffs must also prove the elements using evidence such as expert testimony and depositions.

Misdiagnosis and Failure to Diagnose

A physician's inability to diagnose an illness or injury can lead to serious complications or even death. Many medical malpractice cases involve mistaken diagnosis. To establish negligence, a patient or their lawyer needs to prove that a seasoned doctor in similar circumstances would not have misdiagnosed a condition.

The misdiagnosis of a patient does not always mean malpractice. Even highly-trained and experienced doctors are not immune to mistakes. Therefore, any claim of malpractice must be backed by other factors like breach, proximate causes and actual injury. If a doctor fails sterilize his equipment prior the time he administers anesthesia and the patient becomes infected because of this, the doctor might be held accountable.

The majority of lawsuits involving malpractice are filed in state trial courts where the alleged malpractice took place. However, federal courts might have jurisdiction under limited circumstances. For instance, a lawsuit may be brought in federal court in the event of an issue regarding a statute of limitations or when there is a substantial variation in the citizenship of the parties to the case. Certain disputes are settled through arbitration that is binding and voluntary. This is a less formal process with professional decision makers. It is designed to reduce costs, expedite legal proceedings and reduce the possibility of excessively generous juries. Arbitration is not accessible in all cases of malpractice.

Wrong Drug Dosage

Medication errors are among the most common causes of medical malpractice lawyer lawsuits. They can be caused by a physician writing a prescription that is not correct or administering the wrong dosage to the patient. These mistakes are usually preventable. Based on the circumstances, a hospital, its staff, a pharmacist or other health care providers may be held liable for the harms suffered by patients who were given the wrong dosage of a drug.

A doctor could prescribe wrong medication to a patient because of an incorrect diagnosis or simply due to a misreading of the prescription. A health professional may also prescribe the wrong dose due to a breakdown in communication like when the nurse reads the doctor's handwritten script in error or the pharmacist makes an error in filling out the prescription. In other cases doctors may delay administering the correct medication to the patient, resulting in their condition worsening.

To win a malpractice lawsuit (m.042-527-9574.1004114.Co.kr), a victim must demonstrate that the medical professional violated their standard of care, and that the negligence directly contributed to their injuries. This requires medical experts to be able to testify. A medical malpractice case also must prove the extent and the damages caused by the victim's injuries. This includes the costs of treatment as well as any lost wages. The greater the loss the greater the value of the claim.

Incorrect Procedure

This kind of incident is not uncommon. It might seem unattainable for medical professionals to perform the incorrect procedure on patients however, it is a reality. The surgeon who commits this error may be held to be liable for malpractice. However those who are injured due to a surgical error could also be held accountable for any negligence that occurred along the process.

A health care professional who is accused of malpractice has to prove that the patient was injured due to an act or failure to perform the act. To establish this the legal team representing the patient must demonstrate: (1) that the doctor was legally obligated to care for or treat the patient; (2) that he did not fulfill that duty; (3) that a causal connection exists between the breach and the injury and (4) the injury results in damages the legal system could address.

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

Based on the facts of the case, the plaintiff (the patient or their legally designated representative) or their attorney can file the claim in state or federal court. The majority of malpractice cases are filed in state courts, however in certain circumstances, a medical malpractice lawsuit may be filed in federal district court.

Wrong Surgery

The wrong-site surgery is a common error, but it may be considered medical negligence if the procedure is carried out on the wrong portion of the body. This kind of error is usually caused by a lack of communication between members of the surgical team, or pressures in the production process that result in a surgeon having several surgeries to perform at the same time. In these cases the surgeon isn't alone in his or her responsibility for a surgery that was performed on the wrong site due to the legal principle known as "res ipsa loquitur" which means that the consequence of the error speaks for itself and can be attributed to negligence.

When a patient is injured due to surgery performed on the wrong site, he or she may require additional treatments to correct problems that are aggravated due to the surgical error. This can result in high medical bills for patients and their families. It is important to take these costs into account when calculating the financial cost of medical malpractice claims.

Surgeons are most often held accountable for surgical errors because 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 placed at the right place. In certain instances, a hospital or anesthesiologist may also be held responsible. Medical malpractice lawsuits are typically filed in state courts, however, they can be transferred under certain circumstances to federal court.