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The process of bringing a malpractice lawsuit is a complex procedure. Whether or not an error is considered to be malpractice is dependent on whether the patient is able to establish four legal elements that include a professional obligation breach of this duty; harm resulting from the breach; and tangible damages.
Plaintiffs must also prove the elements by using evidence like expert testimony and depositions.
Undiagnosed or Incorrectly Diagnosed
Failure to diagnose an injury or illness in a timely manner can result in serious complications, or even death. A large number of medical malpractice cases involve mistaken diagnosis. To prove negligence, a patient or their lawyer must prove that a seasoned doctor in similar circumstances would not have misdiagnosed an illness.
The misdiagnosis of a patient does not always mean malpractice. Even highly-trained and experienced doctors make mistakes. Therefore, a claim for malpractice must be backed up by other elements, such as breach, proximate reason and actual injury. If a doctor fails to sterilize his equipment prior to administering anesthesia, and the patient gets infected because of this, the doctor could be guilty.
In the majority of instances, lawsuits claiming that there was a mistake will be filed in the state trial court in which the alleged error occurred. However, federal courts might have jurisdiction in certain situations. A case may be brought before a federal court in certain circumstances. For instance it could be a dispute about a statute of limitation or when the parties are of different citizenships. Additionally, some cases are resolved through binding arbitration that is voluntary. This is a non-formal procedure that is governed by professional decision makers. It is designed to reduce expenses, speed up the legal proceedings, and eliminate the risks associated with generous juries. However, arbitration is not available for all malpractice claims.
Dosage of a drug that is incorrect
Medication mistakes, also referred to as medication errors, are one of the most common causes of medical malpractice lawsuits. These errors could be caused by a physician submitting a prescription in the wrong format, or giving the patient the incorrect dosage. These mistakes are usually preventable. In certain circumstances, a hospital or its staff, pharmacist or other health professionals could be held responsible for the injuries suffered by the patient who received the wrong drug dosage.
A doctor may prescribe the incorrect medication to a patient because of an incorrect diagnosis or simply because they misread the prescription. A health professional may also prescribe the wrong dosage due to an issue with communication for instance, when a nurse reads a doctor's handwritten script incorrectly or the pharmacist is mistaken in filling the prescription. In other cases doctors may delay in administering the correct medication to the patient, resulting in their condition becoming worse.
In order to be successful in a malpractice lawsuit, a victim must show that the medical professional acted in breach of their standards of care and that their negligence directly led to the injuries. This requires medical experts to be present. Additionally, a medical malpractice claim must establish the extent of a victim's injuries and the damages they sustained because of the negligence. This includes the cost of treatment for a patient and any lost wages. The greater person's losses are then, the more valuable the claim will be.
Unskillful Procedure
This kind of incident is not uncommon. It might seem unattainable for medical professionals to perform the incorrect procedure on patients however, it is a reality. The surgeon who makes this mistake could be held liable for negligence. However, a patient who is injured due to a surgical error may also be held liable for any negligence that occurred on the way to the procedure.
Any health care professional who is accused of negligence must show that the patient was injured through a specific act or failure to act. To establish this the legal team representing the patient must prove: (1) that the doctor was required to provide treatment or care to the patient; (2) that he breached that duty; (3) that a causal link exists between the negligence and injury and (4) the injuries result in damages that 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 Lawyers cases are typically founded on the legal doctrine "res ipsa locquitur" which states that certain injuries are so obvious that they can be explained only through negligence.
Based on the facts of the case, the plaintiff (the patient or their legally designated representative) or their lawyer may present the claim to state or federal court. The majority of malpractice cases are filed with state courts, however in certain circumstances a medical negligence case could be filed with a federal district court.
Wrong Surgery
The procedure that is performed on the wrong site is not common, but can be considered medical malpractice when the procedure is performed in the wrong place on your body. This type of error is usually caused by miscommunications between the surgical team or pressures on production that result in a surgeon having multiple surgeries scheduled at the same time. In these situations, a surgeon is not solely accountable for a mistaken-site operation due to the legal principle of "res ipsa locquitur" which says that the result speaks for itself and cannot be blamed on negligence.
If someone is injured during an incorrect procedure, he or her may require additional procedures in order to correct problems that were exacerbated by the mistake. This leads to costly medical expenses for patients as well as their families. These expenses should be taken into consideration when calculating the financial impact of medical malpractice lawsuits.
Most often surgeons are accountable for surgical mistakes. They are accountable in preparing the patient prior to surgery, reviewing the medical record and chart of the patient, communicating with the medical team, and ensuring that the incision was placed in the correct place. In some instances, an anesthesiologist or hospital may also be liable. Medical malpractice claims are generally filed in state court however, they can be transferred under certain circumstances to federal court.
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