Common Causes of Malpractice Litigation

The process of bringing a niagara falls malpractice lawyer lawsuit is a complex procedure. The question of whether or not an error is considered to be malpractice is dependent on whether the patient is able to establish four legal elements: a professional duty; breach of this duty; harm resulting from the breach; and quantifiable damages.

Plaintiffs must prove these elements by presenting evidence such as expert testimony, Vimeo depositions and discovery.

Incorrect diagnosis and failure to diagnose

The failure of a physician to accurately diagnose a disease or injury could lead to grave complications, or even death. Many medical malpractice cases result from mistakes in diagnosis. To show negligence, the patient or their lawyer must demonstrate that a seasoned doctor in similar circumstances would not have misdiagnosed a condition.

Misdiagnosis does not always constitute negligence. Even experienced and highly trained doctors can make errors. Therefore, a claim of malpractice must be backed by other elements such as breach, proximate cause or actual injury. For instance, if a physician does not take the time to sterilize their equipment before administering anesthesia and the patient suffers an infection in the process the doctor may be found to be negligent.

Legal actions claiming malpractice are usually filed in state trial courts, where the alleged malpractice occurred. However, federal courts may have jurisdiction under limited circumstances. A claim can be brought before a federal court in specific circumstances. For Vimeo instance it could be disputes over the statute of limitations or Vimeo when the parties have different citizenships. Additionally, some cases are resolved through binding arbitration that is voluntary. This is a non-formal procedure which involves professionals who make the decisions. It is designed to lower expenses, speed up the legal proceedings, and eliminate the risk associated with overly generous juries. However, arbitration is not accessible for all malpractice claims.

Wrong Drug Dosage

Medication errors, also referred as medication errors, are one of the most common causes of medical malpractice suits. These errors are caused by a physician who writes a prescription in the wrong format, or giving the patient the incorrect dosage. These mistakes are usually preventable. In the event of an incident, a pharmacy, a hospital or other health care provider could be held accountable for the injuries caused by patients who were given the wrong dosage of a drug.

A doctor may prescribe the wrong medication to a patient as a result of an incorrect diagnosis or simply by misreading the prescription. A health professional could also administer the wrong dosage because of a glitch in communication. For example, 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 the doctor could delay the administration of the correct medication, which could lead to the patient's condition getting worse.

To be successful in a malpractice lawsuit, a victim must establish that the medical professional breached their standard of care and that the negligence directly contributed to the injuries. This requires the testimony of a medical expert. A medical malpractice case also must prove the extent and damage of the victim's injuries. This includes the cost of treatment as well as any lost wage. Generally, the greater a loss is in the greater value of the claim will be.

Wrong Procedure

This kind of situation is not unusual. It may seem like a challenge for medical professionals to carry out the incorrect procedure on patients, however, it happens. If a surgeon makes this error may be held to be liable for negligence. A patient who is injured as a result of an error during surgery can be held liable for any mistakes that were made during the procedure.

Any health care professional who is alleged to be negligent must prove that the patient was harmed by a specific action or omission to act. To establish this the legal team representing the patient must show that: (1) the doctor was in the obligation to provide medical care or treatment; (2) that the doctor violated that duty; (3) that there is a direct causal link between the breach and the injury and (4) that the injury results in damages that the legal system can deal with.

A breach of the duty of care is meaningless unless it causes injury, which is the reason medical malpractice lawsuits are generally founded on a legal principle known as "res ipsa loquitur." This law states that, in many instances, certain injuries are so obvious and unmistakable that they can only be explained by negligent actions.

Based 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. The majority of malpractice cases are filed in state court. However, in certain situations, a medical malpractice lawsuit could be filed in federal district court.

Wrong Surgery

The procedure that is performed on the wrong site is not common however, it could be a case of medical malpractice if the procedure is performed in the wrong area of your body. This kind of error usually occurs as caused by a lack of communication between the members of a surgical team, or production pressure that leads to a surgeon being assigned multiple surgeries simultaneously. In these situations, the surgeon is not solely responsible for his or her responsibility for a surgery that was performed on the wrong site because there is a legal rule known as "res ipsa loquitur" which means that the consequence of the error is evident and cannot be attributed to negligence.

If a patient is injured as a result of surgery done on the wrong location and is injured, they may require additional procedures to correct problems that are aggravated by the surgical mistake. This could result in expensive medical expenses for patients and their families. These costs should be considered when calculating the financial impact of medical malpractice lawsuits.

Surgeons are typically held accountable for surgical errors as they are the ones who are responsible for properly making preparations for the operation 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 done at the correct place. In certain instances the hospital or anesthesiologist can also be held liable. Medical malpractice claims are generally filed in state courts, however, they can be transferred under certain circumstances to federal court.