Common Causes of Malpractice Litigation

The process of bringing a malpractice lawsuit is a complex procedure. If a patient is able to prove four elements, it will be able to determine whether or not the mistake is a case of eureka malpractice lawyer. These are: a professional obligation or breach of that duty; an injury resulting from the breach; and quantifiable damages.

Plaintiffs must demonstrate these elements with evidence such as expert testimony, depositions and discovery.

Misdiagnosis or Failure to Diagnose

A physician's inability to accurately diagnose a disease or injury could result in serious complications or even death. The misdiagnosis of a patient is a frequent reason for medical negligence. To prove negligence, the patient or their attorney must show that a competent physician under similar circumstances and working in the same specialty would not have misdiagnosed the problem.

Misdiagnosis doesn't always mean negligence. Even the most skilled and trained doctors make mistakes, and any claim of malpractice has to be backed by other elements like breach, proximate causation and actual injury. If a doctor fails to sterilize his equipment before administering anesthesia and the patient is infected because of this, the doctor may be liable.

Lawsuits that claim Arlington Malpractice Attorney are usually filed in state trial courts, where the alleged misconduct occurred. However, federal courts could be able to hear cases in specific circumstances. A case may be brought before a federal court under certain circumstances. For instance it could involve the issue of a statute of limitation or when the parties are of different nationalities. Some claims are settled by arbitration that is binding and voluntary. This is a less-formal process which involves professionals who make the decisions. It is designed to lower costs, expedite the legal process, and reduce the risk that comes with large juries. Arbitration is not available in all cases of malpractice.

Dosage for a drug that is not correct

Medication errors, also referred as medication errors, are one of the main reasons for medical malpractice suits. These errors could be caused by a doctor writing a prescription in a wrong format or giving the patient the wrong dosage. These mistakes are usually avoidable. Based on the circumstances, a hospital or its staff, a pharmacist or other health care provider may be held liable for the harms suffered by a patient who was given the wrong drug dosage.

A doctor could prescribe the wrong medication to a patient as a result of an inaccurate diagnosis or simply because he/she misreads 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 the prescription. In other instances doctors may delay the proper medication to the patient, which could result in the patient's condition getting worse.

A plaintiff must prove in order to win a malpractice claim, that the medical professional violated their standards of practice and that their injuries were directly caused by the negligence. This requires the testimony of a medical expert. A medical malpractice claim also must prove the severity and damages of the victim's injuries. This includes the cost of treatment and any lost wages. The greater the loss, the higher the value of the claim.

Wrong Procedure

This kind of situation is not uncommon. It might seem impossible for medical professionals to perform the incorrect procedure on patients, however, it happens. A surgeon who commits this error could be held accountable for negligence. A patient who is injured due to an error during surgery can be held responsible for any negligence that occurred during the procedure.

Any health professional who is accused of malpractice must prove that the patient was harmed by a specific action or omission to act. To establish this the legal team of the patient must show: (1) that the doctor was obligated to treat or provide care to the patient; (2) that he failed to fulfill his obligation; (3) that a causal connection exists between the negligence and injury and (4) the injury results in damages the legal system could address.

A breach of duty of care has no meaning unless it result in injury. This is the reason medical malpractice cases are typically dependent on the lawful doctrine "res ipsa locquitur" which states that certain injuries are so obvious they can only be explained through negligence.

Depending on the facts depending on the facts, the plaintiff (the person who filed the claim, or their legal representative) or their attorney may decide to file the case in federal or state court. The majority of malpractice cases are filed with state courts, but in certain situations a medical negligence case may be filed in federal district court.

Wrong Surgery

Wrong-site surgery is a rare error, but it can be considered medical malpractice when the procedure is carried out on the wrong portion of the body. This kind of error is usually the result of miscommunications between members of the surgical team, or by pressures in the production process that result in a surgeon having several surgeries to perform at the same time. In these cases the surgeon isn't alone in his or her responsibility for a surgical error that is not performed correctly due to a legal principle called "res ipsa loquitur" which means that the effect of the error speaks for itself and cannot be traced to negligence.

When a patient is injured during surgery that is performed on the wrong site the patient may require additional procedures to correct problems caused due to the surgical error. This could result in expensive medical expenses for patients and their families. This expense should be taken into consideration when calculating the financial consequences of medical malpractice claims.

Surgeons are most often found to be responsible for surgical mistakes as they are the ones who are accountable for 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 placed at the right place. In some instances an anesthesiologist or hospital can also be held liable. Medical malpractice lawsuits are typically filed in state courts, however, they can be transferred under certain circumstances to federal court.