Common Causes of Malpractice Litigation

fort Lee malpractice law Firm litigation can be a difficult procedure. If a person can prove four factors, it will determine whether or not the mistake is a case of malpractice. These are professional obligation or breach of that duty; an injury resulting from the breach; and measurable damages.

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

Misdiagnosis or Failure to Diagnose

Failure to identify an injury or illness in a timely manner can cause serious complications, or even death. It is a typical cause of medical negligence. To prove negligence, the patient or their attorney must prove that a competent doctor under similar circumstances and working in the same specialty would not have misdiagnosed the problem.

Misdiagnosis doesn't always mean malpractice. Even the most experienced and highly trained doctors make mistakes, so the claim of malpractice must be backed by other elements such as breach, proximate cause and actual injury. If a doctor fails to sterilize his equipment prior the time he administers anesthesia, and the patient is infected due to this, he could be held accountable.

In most instances, lawsuits claiming that there was a mistake will be filed in the state trial court where the alleged misconduct occurred. However, federal courts could be able to handle cases in certain circumstances. A case may be brought before a federal court under certain circumstances. For example it could be disputes over a statute of limitation or when the parties have different nationalities. Certain disputes are settled through arbitral arbitration, which is a binding process. This is a less formal procedure involving professional decision makers that is designed to cut costs, expedite legal proceedings and remove the possibility of excessively generous juries. Arbitration is not accessible in all cases of misconduct.

Wrong Drug Dosage

Medication errors, often referred to as medication errors, are one of the main reasons for medical malpractice suits. They can result from a doctor writing a prescription incorrectly or delivering the wrong dose to the patient. These mistakes are usually preventable. Based on the circumstances an individual pharmacy, hospital or other health care providers could be held responsible for the injuries resulting from a patient who received the wrong dosage of a drug.

A doctor might prescribe the wrong medication as a result of a misdiagnosis. Or, simply misreading the prescription. A health professional may also administer the wrong dosage due to an interruption in communication like when nurses read the doctor's handwritten script in error or the pharmacist commits an error in filling out the prescription. In other cases the doctor may delay the proper medication, which could lead to the patient's condition worsening.

A person seeking compensation must prove, in order to win a malpractice lawsuit that the medical professional breached their standard of practice and that their injuries were directly attributed to the negligence. This requires medical expert testimony. In addition, a medical mishap claim must establish the extent of the injuries suffered by a victim and the damages they suffered as a result of the negligence. This includes the cost of treatment as well as any lost wage. Generally, the greater a loss is and the greater the value of the claim will be.

Unskillful Procedure

It might seem absurd that medical professionals would perform the wrong procedure on a patient, but this type of mishap occurs. The surgeon who commits this kind of error could be held liable for negligence. However patients who are injured by a surgical mistake could also be held accountable for any negligence that occurred along the path to the procedure.

Any health professional who is accused of negligence must prove that the patient was harmed by a specific act or failure to act. To establish this the legal team representing the patient must prove that (1) the doctor was in a duty to provide care or treatment; (2) that the doctor breached the duty of care; (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 can be able to address.

A breach of the duty of care is not relevant unless it causes injury, this is why medical malpractice claims are typically made based on a law known as "res ipsa loquitur." This law states that, in many instances certain injuries are obvious and evident that they can only be explained through negligence.

Based 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. Most malpractice cases are filed in state court. However, in certain circumstances the medical malpractice lawsuit could be filed in federal district court.

Wrong Surgery

Wrong-site surgery is a rare mistake, but it could be considered medical malpractice when the procedure is performed on the wrong part of the body. This type of error is often caused by a lack of communication between members of a surgical team or production pressure that leads to the surgeon being assigned multiple surgeries simultaneously. In these situations the surgeon is not solely responsible for an incorrect-site operation because of a legal rule known as "res ipsa locquitur", which states that the result is a matter of fact and cannot be attributed to negligence.

If a patient gets injured due to surgery performed on the wrong site the patient may require additional procedures to correct problems exacerbated due to the surgical error. Patients and their families are left with high medical bills. These costs should be considered when calculating the financial consequences of medical malpractice lawsuits.

Most often surgeons are liable for surgical mistakes. They are responsible for preparing the patient for the procedure, examining the medical record and chart of the patient, coordinating with the rest of the medical personnel, and ensuring that the incision was made at the correct location. In some instances the hospital or anesthesiologist may also be held responsible. Medical roseburg malpractice attorney claims are generally filed in state courts, however, in certain situations, they can be transferred to federal court.