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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 error is malpractice. These are: a professional obligation and a breach of that duty; a loss resulting from the breach; and measurable damages.
Plaintiffs must be able to prove the elements using evidence such as expert testimony and depositions.
Misdiagnosis and Failure to Diagnose
Failure to diagnose an illness or injury accurately could lead to serious complications, or death. A lot of medical malpractice cases involve incorrect diagnosis. To prove negligence the patient or their lawyer must demonstrate that a competent doctor under similar circumstances and in the same specialty would not have misdiagnosed the condition.
It is not always a case of malpractice, however. Even highly skilled and experienced doctors can make mistakes. Therefore, a claim for malpractice must be backed up by other elements, such as breach, proximate causes and actual injury. For example, if a physician does not properly sterilize their equipment prior to giving anesthesia to a patient and they develop an infection in the process the doctor could be found to be negligent.
Lawsuits alleging malpractice are typically filed in state trial courts, where the alleged malpractice occurred. However, federal courts might be able to handle cases in certain circumstances. For instance, a lawsuit may be brought in federal court if it involves a dispute over the time limit for filing a claim or when there is a significant difference in citizenship among the parties to the case. Certain disputes are settled through binding voluntary arbitration. This is a less formal procedure with professional decision makers. It is designed to cut costs, expedite legal proceedings and eliminate the possibility of excessively generous juries. However, arbitration is not available for all claims of malpractice.
The wrong dosage of medication
Medication errors--also called medication mistakes--are among the most common causes of medical malpractice lawsuits. These errors can be caused by a doctor writing a prescription in a wrong format or giving the patient the incorrect dosage. These mistakes are usually preventable. According to the situation the 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 medication.
A doctor may prescribe the wrong medication to a patient because of an incorrect diagnosis or simply due to a misreading of the prescription. A health professional could also administer the wrong dosage because of an inability to communicate for instance, when the nurse reads the doctor's handwritten script in error or the pharmacist is mistaken in filling out the prescription. In other cases, a doctor could delay administering the correct medication to the patient, which could result in their condition becoming worse.
To prevail in a malpractice lawsuit, a victim must show that the medical professional violated their standard of care and that their negligence directly led to their injuries. This requires medical experts to testify. Additionally, a medical malpractice claim must establish the extent of a victim's injuries and the damages they suffered as a result of the negligence. This includes the cost of treatment for a patient and any wages lost. In general, the greater a loss is and the greater the value of the claim will be.
The wrong procedure
This type of incident is not unusual. It might seem unattainable for medical professionals to carry out the incorrect procedure on patients but it does happen. A surgeon who commits this mistake can be held accountable for malpractice. However patients who are injured due to a surgical error may also be held liable for any negligence that occurred along the path to the procedure.
Any health professional who is accused of malpractice must show that the patient was hurt through a specific act or omission to act. To prove this the legal team of the patient must prove: (1) that the doctor was legally obligated to provide care or treat the patient; (2) that he failed to fulfill his obligation; (3) that a causal link exists between the negligence and injury and (4) the harm results in damages that the legal system can address.
A breach of the duty of care is insignificant unless it causes injury which is why medical malpractice lawsuits are generally made based on a law called "res ipsa loquitur." This law states that, in a lot of instances certain injuries are so evident and obvious that they can only be explained through negligence.
Depending on the facts of the situation, the plaintiff (the patient or their legally designated representative) or their lawyer may file the claim in state or federal court. Most malpractice cases are filed in state court. However, under limited circumstances, a medical malpractice lawsuit could be filed in federal district court.
Wrong Surgery
Wrong-site surgery is a rare error, but it may be considered medical negligence if the procedure is performed on the wrong area of the body. This kind of error is often caused by a lack of communication between members of a surgical team, or production pressure that results in the surgeon being assigned multiple surgeries at once. In these situations the surgeon isn't solely responsible for an incorrect-site procedure because of a legal principle known as "res ipsa locquitur" which states that the result speaks for itself and cannot be blamed on negligence.
If the patient is injured during a wrong-site procedure it is possible that the patient will require additional procedures to fix problems that were aggravated by the mistake. This leads to costly medical expenses for patients and their families. It is crucial to take these costs into consideration when calculating the financial costs of medical malpractice lawsuits.
Surgeons are usually accountable for surgical errors because they are the ones who are accountable for getting ready for the procedure by double-checking patient's chart and medical records, communicating effectively with other members of the medical team and making sure the incision is done at the correct place. In certain instances, a hospital or anesthesiologist may also be held responsible. Medical malpractice lawsuits are usually filed in state courts. However, in certain situations, they can be transferred to federal courts.
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