Common Causes of Malpractice Litigation
The process of bringing a malpractice lawsuit (
dnpaint.co.kr) is a complex procedure. If a patient can demonstrate four elements, it will decide whether or not the error is a case of malpractice. These are professional obligations in breach of this obligation; an injury that results from the breach; and measurable damage.
Plaintiffs must also prove these elements through evidence like expert testimony, depositions, and discovery.
Misdiagnosis and Failure to Diagnose
Failure to correctly diagnose an injury or illness correctly can result in serious complications, or even death. Many medical malpractice cases result from misdiagnosis. To prove negligence the patient or their lawyer must demonstrate that a competent doctor under similar circumstances and working in the same specialty would not have missed the diagnosis.
The misdiagnosis of a patient does not always mean negligence. Even highly skilled and experienced doctors make mistakes. Therefore, a claim of malpractice must be supported by other factors like breach, proximate cause and actual injury. For instance, if a physician fails to properly clean their equipment prior the time they administer anesthesia and the patient develops an infection as a result the doctor could be guilty of malpractice.
Lawsuits alleging malpractice are typically filed in state trial courts, where the alleged malpractice took place. Federal courts can be able to hear cases in certain situations. For example, a claim could be filed in federal court in the event of an issue regarding a statute of limitations or when there is a significant diversity of citizenship of those involved in the dispute. Additionally, some cases are resolved through binding arbitration that is voluntary. This is a less formal procedure that involves professional decision makers. It is designed to reduce costs, expedite the legal proceedings, and eliminate the risks associated with large juries. However, arbitration isn't available for all claims of malpractice.
Dosage of a drug that is incorrect
Medication errors are one of the main causes of medical malpractice lawsuits. These errors can be caused by a doctor writing prescriptions in the wrong format or giving the patient the incorrect dosage. These errors are usually preventable. According to the situation the pharmacy, hospital or other health care providers could be held accountable for the injuries caused by a patient who was given the wrong dose of a 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 could also prescribe the wrong dosage because of a breakdown in communication for instance, when the nurse reads the handwritten prescription of a doctor incorrectly or the pharmacist commits an error in filling the prescription. In other cases the doctor might delay the proper medication, which can cause the patient's illness to worsening.
To be successful in a malpractice lawsuit, a victim must establish that the medical professional violated their duty of care and that negligence directly caused the injuries. This requires medical experts to be present. Moreover, a medical malpractice case must demonstrate the extent of the victim's injuries and the damages they suffered because of the negligence. This includes the cost of treatment as well as any wage loss. In general, the greater a loss is then, the more valuable the claim will be.
Wrong Procedure
This kind of situation is not unusual. It might seem unattainable for medical professionals to perform the incorrect procedure on patients, but it does happen. A surgeon who makes this error may be held to be liable for negligence. A patient who suffers injury as a result of an error during surgery may be held liable for any error that occurred during the procedure.
A health care professional who is accused of negligence must prove that the patient was injured because of a specific act, or inability to perform the act. To prove this the legal counsel of the patient must show that: (1) the doctor had 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 could be able to address.
A breach of the duty of care is meaningless unless it causes injury this is why medical malpractice claims are usually built on a legal concept called "res ipsa loquitur." This law states that, in the majority of cases certain injuries are obvious and recognizable that they can only be explained through negligent acts.
Based on the circumstances, 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. Most malpractice cases are filed in state courts, however in certain situations, a medical malpractice lawsuit 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 law firm when the procedure is performed in the wrong area of your body. This type of error is often caused by miscommunications between members of the surgical team or production pressures that lead to surgeons being assigned multiple surgeries scheduled at the same time. In these instances the surgeon isn't all-in on his liability for a wrong-site surgery due to the legal principle known as "res ipsa loquitur" which means that the result of the error speaks for itself and cannot be traced to negligence.
If someone is injured during a wrong-site procedure and is injured, they may require additional procedures to rectify issues that were caused by the mistake. Patients and their families are left with expensive medical bills. These expenses should be taken into consideration when calculating the financial impact of medical malpractice lawsuits.
Most often surgeons are accountable for surgical errors. They are responsible in preparing the patient for surgery, reviewing the medical records and chart of the patient, communicating with the medical staff, and ensuring that the incision was placed in the correct place. In some instances, an anesthesiologist or a hospital could be held accountable. Medical malpractice claims are generally filed in state court, but may be transferred in certain circumstances to federal court.