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

Common Causes of Malpractice Litigation

Malpractice litigation involves a complex procedure. If a patient can prove four elements, it will determine whether or not the mistake is malpractice. These are the following: a professional obligation and a breach of that obligation; a repercussion from the breach; and quantifiable damage.

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

Misdiagnosis or Failure to Diagnose

Failure to diagnose an injury or illness correctly could lead to serious complications, or death. Many medical malpractice law firm cases result from mistakes in diagnosis. To prove negligence, the patient or their lawyer must demonstrate that a competent physician under similar circumstances and in the same field would not have misdiagnosed the problem.

Not every misdiagnosis is malpractice, however. Even highly skilled and experienced doctors are not immune to mistakes. Therefore, a claim of malpractice has to be backed by other elements like breach, proximate cause and actual injury. If a doctor fails sterilize his equipment prior the time he administers anesthesia and the patient becomes infected due to this, he could be guilty.

In most instances, lawsuits claiming malpractice will be filed in the state trial court in which the malpractice was alleged to have occurred. However, federal courts might have jurisdiction in certain situations. For instance, a case could be filed in federal court if it is disputes over the time limit or when there is a significant diversity of citizenship of the parties involved in the case. In other cases, certain claims are settled through voluntary binding arbitration. This is a less formal process that involves professionals who make the decisions. It is designed to cut costs, speed up legal proceedings, and malpractice lawsuits eliminate the possibility of excessively generous juries. Arbitration is not always available in cases of malpractice.

The wrong dosage of medication

Medication errors--also called medication mistakes--are among the most common causes of medical malpractice lawsuits. These errors can be caused by a physician submitting prescriptions in the wrong format or giving the patient the wrong dosage. These mistakes are usually avoidable. Depending on the circumstances the hospital or its staff, pharmacist or other health care provider could be held accountable for the harms suffered by a patient who was prescribed the wrong dosage of a drug.

A doctor can prescribe the wrong medicine because of a misdiagnosis or simply failing to read the prescription. A health professional could also administer the wrong dosage due to a lapse in communication. For instance the nurse might read a doctor's script incorrectly or a pharmacist could make an error when filling the prescription. In other instances the doctor could delay giving the correct medication, which can lead to the patient's condition getting worse.

A victim must prove, in order to win a malpractice claim that the medical professional breached their standard of practice and Malpractice Lawsuits that their injuries were directly attributed to the negligence. This requires testimony from a medical expert. A medical malpractice case also must prove the severity and damages of the victim's injuries. This includes the cost of treatment as well as any lost wage. In general, the greater a loss is then, the more valuable the claim will be.

Unskillful Procedure

It might seem unlikely that medical professionals would perform the wrong procedure on a patient but this type of mishap is quite common. If a surgeon makes this error may be held liable for malpractice. A patient who suffers injury as a result of an error during surgery may be held accountable for any errors that occured during the procedure.

A health care professional who is accused of malpractice has to prove that the patient was injured due to a specific act, or failure to perform the act. To establish this the legal team representing the patient must show: (1) that the doctor was legally obligated to treat or provide care to the patient; (2) that he failed to fulfill his obligation; (3) that a causal link exists between the breach and injury and (4) the harm results in damages that the legal system can address.

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

Depending on the circumstances, the plaintiff (the person who filed the claim, or their legal representative) or their attorney may choose to file in state or federal court. Most malpractice cases are filed in state courts, however under limited circumstances medical malpractice lawsuits may be filed in federal district court.

Wrong Surgery

The wrong-site procedure is rare, but can be considered medical malpractice in the event that the procedure is carried out in the wrong location of your body. This type of error is usually caused by a lack of communication between members of a surgical team or production pressure that results in the surgeon being tasked with multiple surgeries at once. In these cases the surgeon isn't solely responsible for an incorrect-site procedure because of a legal rule known as "res ipsa locquitur", which states that the outcome speaks for itself and cannot be attributed to negligence.

If a patient gets injured due to surgery performed on the wrong site and is injured, they may require additional procedures to repair problems that are aggravated by the surgical mistake. Patients and their family members are left with hefty medical bills. It is crucial to take these costs into account when calculating the financial cost of medical malpractice lawsuits.

Most often surgeons are held accountable for surgical mistakes. They are responsible to prepare the patient for the procedure, checking the medical record and chart of the patient, communicating with the medical staff, and making sure that the incision was placed at the right place. However, in some cases an anesthesiologist or hospital may also be liable. Medical malpractice lawsuits are usually filed in state courts, however, in certain situations they may be transferred to federal court.