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

Common Causes of Malpractice Litigation

malpractice lawyer, http://shinhwaspodium.com/, litigation can be a difficult procedure. If an error constitutes malpractice depends on whether the patient can establish four legal elements: a professional duty breach of this duty; harm resulting from the breach; and the possibility of quantifiable damages.

Plaintiffs must demonstrate these elements with evidence like expert testimony, depositions, and discovery.

The wrong diagnosis and the inability to recognize

Failure to correctly diagnose an injury or illness accurately could lead to serious complications, or even death. Incorrect diagnosis is a common reason for medical negligence. To prove negligence, the patient or their lawyer must demonstrate that a competent doctor in similar circumstances and in the same area would not have misdiagnosed the condition.

It is not always a case of malpractice, however. Even the most experienced and highly trained doctors make mistakes, so an allegation of malpractice needs to be backed by other elements like breach, proximate causation and actual injury. If a doctor fails to sterilize his equipment before administering anesthesia, and the patient develops an infection because of this, the doctor could be found to be negligent.

In the majority of cases, lawsuits alleging malpractice will be filed in the state trial court in which the alleged malpractice took place. Federal courts could be able to handle the case in certain situations. For instance, a lawsuit may be brought in federal court in the event of a dispute over the time limit or when there is a substantial difference in citizenship among the parties involved in the case. Alternatively, some claims are settled through voluntary binding arbitration. This is a less formal process involving professional decision makers that is intended to save costs, expedite legal proceedings and remove the risk of overly generous juries. However, arbitration is not accessible for all malpractice claims.

Dosage of a drug that is incorrect

Medication errors, also referred as medication errors, are one of the most common causes of medical malpractice suits. These errors could be caused by a doctor who has submitted a prescription in a wrong format or giving the patient the wrong dosage. These mistakes are usually preventable. According to the circumstances, a hospital or its staff, a pharmacist or other health care professionals could be held responsible for the injuries sustained by a patient who was prescribed the wrong dose of medication.

A doctor can prescribe the wrong medication as a result of a misdiagnosis. Or, simply making a mistake in the prescription. A health care professional may also administer the wrong dosage because of a glitch in communication. For instance, a nurse may take a doctor's prescription and read it incorrectly or a pharmacist might make a mistake when filling the prescription. In other cases, a doctor could delay the administration of the correct medication to the patient, resulting in their condition worsening.

A plaintiff must prove in order to prevail on a malpractice lawsuit, that the medical professional violated their standards of practice and that their injuries were directly attributed to the negligence. This requires medical expert testimony. A medical malpractice case also must prove the extent and severity of the victim's injuries. This includes the costs of treatment as well as any wages lost. The more the loss, the higher the value of the claim.

Wrong Procedure

It's not likely that medical professionals would perform the wrong procedure on a patient, however, this kind of thing can occur. A surgeon who commits the mistake could be held liable for negligence. Patients who are injured because of an error during surgery can be held accountable for any mistakes that were made during the procedure.

Any health care professional who is accused of negligence must prove that the patient was harmed through a specific act or omission to act. To prove this, the patient's legal team must show that: (1) the doctor was under the obligation to provide medical care 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 address.

A breach of the duty of care has no significance unless it causes injury, that's why medical malpractice claims are usually founded on a legal principle called "res ipsa loquitur." This law says that, in the majority of cases certain injuries are evident and obvious that they are only explained by negligent actions.

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

Wrong Surgery

The procedure that is performed on the wrong site is not common, but can be considered medical malpractice when the procedure is done in the wrong location of your body. This type of mistake is often caused by miscommunications between the surgical team, or pressures on production that result in surgeons having several surgeries to perform at the same time. In these instances the surgeon isn't alone in his or her liability for a wrong-site surgery since there is a legal rule known as "res ipsa loquitur" which means that the consequence of the error speaks for itself and can only be attributed to negligence.

If someone is injured during a wrong-site procedure the patient may require additional procedures to fix issues that were caused by the error. This leads to costly medical expenses 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 usually held accountable for surgical errors because they are the individuals who are accountable for getting ready for the procedure as well as double-checking the patient's charts and medical records, coordinating effectively with the other members of the medical team and making sure that the incision is placed at the right place. However, in some instances an anesthesiologist or hospital may also be liable. Medical malpractice cases are usually filed in state courts, but can be transferred under certain circumstances to federal court.