Common Causes of Malpractice Litigation

Malpractice litigation is a complicated procedure. If a patient can prove four elements, it will decide whether or not the error is a case of malpractice. These are: a professional obligation; a breach of that duty; a loss resulting from this breach; and measurable damages.

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

Misdiagnosis and Failure to Diagnose

The failure of a physician to accurately diagnose an illness or injury could lead to grave complications, or even death. A lot of medical malpractice cases involve mistaken diagnosis. To prove negligence, the patient or their attorney must prove that a competent physician under similar circumstances and working in the same specialty would not have misdiagnosed the condition.

It is not always a case of an error, but. Even highly skilled and experienced doctors are not immune to mistakes. Therefore, a claim for malpractice must be supported with other elements, such as breach, proximate cause or actual injury. If a doctor fails to sterilize his equipment before administering anesthesia and the patient is infected due to this, he could be liable.

In most instances, lawsuits claiming malpractice will be filed in the state trial court where the alleged malpractice took place. Federal courts can, however, have jurisdiction in certain situations. For instance, a case may be brought in federal court if it involves a dispute over the time limit for filing a claim or in the event of a significant diversity of citizenship of the parties in the case. Alternatively, some claims are settled through voluntary binding arbitration. This is a less formal process involving professional decision makers that is designed to cut costs, expedite legal proceedings and Vimeo.Com eliminate the risk of overly generous juries. Arbitration is not available in all cases of malpractice.

The wrong dosage of medication

Medication errors--also called medication mistakes--are among the most common causes of medical malpractice lawsuits. They can be the result of a doctor writing a prescription incorrectly or giving the wrong dosage to a patient. These errors are usually preventable. According to the circumstances the pharmacy, hospital or other health care providers could be held responsible for the harm caused by a patient who was given the wrong dose of a medication.

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

To be successful in a malpractice case, a victim must prove that the medical professional breached their standards of care and that the negligence directly caused the injuries. This requires testimony from a medical expert. Medical malpractice cases also must prove the severity and severity of the victim's injuries. This includes the cost of treatment and any lost wages. The more money you lose, the higher the value of the claim.

Wrong Procedure

It's not likely for medical professionals to perform the incorrect procedure on a patient, but this type of mishap occurs. If a surgeon makes this mistake could be held responsible for negligence. If a patient is injured because of an error in surgery could be held liable for any negligence that occurred during the procedure.

A health professional accused of platteville malpractice lawsuit has to prove that the patient was injured because of the specific act or inability to act. To establish this the legal team of the patient must prove: (1) that the doctor was required to provide treatment or care to the patient; (2) that he violated his duty; (3) that a causal connection exists between the breach and injury and (4) the injuries result in damages that the legal system could address.

A breach of the duty of care is not relevant unless it causes injury, which is why medical malpractice claims are typically founded on a legal principle called "res ipsa loquitur." This law says that, in a majority of cases certain injuries are so evident and obvious that they can only be explained through negligence.

Depending on the facts of the case, the plaintiff (the patient or their legally designated representative) or their attorney can bring the case in state or federal court. The majority of malpractice cases are filed with state courts, but in certain circumstances the case of medical negligence can be brought to federal district court.

Wrong Surgery

Wrong-site surgery is a rare error, but it may be considered medical negligence if the procedure is performed on the wrong part of the body. This type of error is typically caused by miscommunication between the members of a surgical team, or production pressure that results in a surgeon being assigned multiple surgeries simultaneously. In these instances, the surgeon is not the only one with responsibility for an incorrect-site procedure due to an underlying legal principle referred to as "res ipsa loquitur" which means that the result of the error speaks for itself and cannot be attributed to negligence.

If a patient gets injured during surgery that is performed on the wrong site the patient may require additional treatments to correct problems that are aggravated due to the surgical error. Patients and their families are left with costly medical bills. These costs should be taken into consideration when calculating the financial impact of medical malpractice claims.

The majority of times, surgeons are held responsible for surgical mistakes. They are responsible to prepare the patient for the procedure, examining the medical record and chart of the patient, communicating with the medical staff, and ensuring that the incision was placed at the correct location. However, in certain instances a hospital or anesthesiologist may also be accountable. Medical malpractice claims are generally filed in state court, however, they can be transferred under certain circumstances to federal court.