Common Causes of torrington malpractice lawyer Litigation

Malpractice litigation is a complicated process. If the error constitutes malpractice depends on whether the patient can prove four legal elements that include a professional obligation breach of this duty; injury caused by the breach and the possibility of quantifiable damages.

Plaintiffs must also prove the elements using evidence like expert testimony and depositions.

Undiagnosed or Incorrectly Diagnosed

A physician's inability to accurately diagnose an illness or injury could result in serious complications or even death. Incorrect diagnosis is a common reason for medical negligence. To prove negligence the patient or their attorney must show that a competent doctor in similar circumstances and in the same field would not have misdiagnosed the problem.

Misdiagnosis doesn't always mean negligence. Even highly skilled and experienced doctors make mistakes. Therefore, any claim for malpractice must be backed up by other elements, such as breach, proximate cause and actual injury. For example, if a physician does not take the time to sterilize their equipment prior to giving anesthesia, and the patient develops an infection due to the infection the doctor may be liable for malpractice.

The majority of lawsuits involving malpractice are filed in state trial courts, where the alleged malpractice took place. Federal courts may, however, have jurisdiction in certain circumstances. A claim may be filed before a federal court under certain circumstances. For example it could involve disputes over the statute of limitations or if the parties are of different nationalities. Certain disputes are settled through arbitral arbitration, which is a binding process. This is a non-formal procedure that involves professional decision makers. It is designed to minimize expenses, speed up the legal proceedings, and eliminate the risk that comes with large juries. However, arbitration is not accessible for all claims of malpractice.

The wrong dosage of medication

Medication errors--also called medication mistakes--are one of the main causes of medical malpractice lawsuits. These errors are caused by a doctor writing prescriptions in a wrong format or giving the patient the incorrect dosage. These mistakes are usually preventable. Based on the circumstances, a pharmacy, a hospital or other health care provider could be held accountable for the injuries caused by a patient who was given the wrong dose of a drug.

A doctor may prescribe the wrong medication to a patient as a result of an inaccurate diagnosis or simply because they misread the prescription. A health professional could also administer the wrong dosage because of an inability to communicate for instance, when nurses read a doctor's handwritten script incorrectly or the pharmacist makes an error in filling the prescription. In other instances doctors may delay the proper medication to the patient, resulting in the patient's condition getting worse.

A person who suffers from a medical malpractice claim must prove, to be successful in a malpractice lawsuit that the medical professional violated their standards of practice and that their injuries were directly caused by the negligence. This requires medical experts to provide evidence. A medical malpractice case must prove the severity and severity of the victim's injuries. This includes the cost of treatment as well as any lost wage. The more the loss, the higher the value of the claim.

Unskillful Procedure

This type of incident is not unusual. It might seem impossible for medical professionals to perform the wrong procedure on patients however, it happens. If a surgeon makes this error can be found accountable for malpractice. However those who are injured due to a surgical error may also be held liable for any negligence that occurred during the path to the procedure.

A health care professional accused of malpractice must demonstrate that the patient was injured as a result of an act or failure to perform the act. To prove this, the patient's legal team must prove that: (1) the doctor was bound by an obligation to provide care or treatment; (2) that the doctor breached this duty; (3) that there is a direct and causal connection between the breach and the injury and (4) that the injury results in damages that the legal system is able to resolve.

A breach of the duty of care is insignificant unless it causes injury which is the reason medical malpractice claims are typically made based on a law known as "res ipsa loquitur." This law states that, in the majority of cases certain injuries are so evident and obvious that they can only be explained through negligent actions.

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

Wrong Surgery

The wrong-site surgery is a common error, but it may be considered medical malpractice if the procedure is performed on the wrong part of the body. This kind of error is usually caused by miscommunication between members of a surgical team or production pressure that results in the surgeon being tasked with multiple surgeries at one time. In these cases, the surgeon is not alone in his or her liability for a wrong-site surgery because there is a legal rule known as "res ipsa loquitur" which means that the consequence of the error is evident and cannot be traced to negligence.

If an individual is injured in an incorrect procedure it is possible that the patient will require additional procedures in order to correct problems that were aggravated due to the error. Patients and their families are left with expensive medical bills. These costs should be taken into consideration when calculating the financial consequences of medical malpractice claims.

Surgeons are usually found to be responsible for surgical mistakes since they are the ones who are accountable for making preparations for the operation by double-checking patient's chart and medical records, communicating effectively with the other members of the medical team and making sure the incision is placed at the right place. However, in some cases an anesthesiologist or a hospital could also be liable. Medical malpractice lawsuits are usually filed in state courts, however, in certain situations they may be transferred to federal court.