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Malpractice litigation is a complicated process. If a patient can demonstrate four elements, it will determine whether or not the error is a case of malpractice. These are: a professional obligation and a breach of that obligation; a repercussion from the breach; and measurable damage.
Plaintiffs must also prove these elements with evidence like expert testimony, depositions, and discovery.
Incorrect diagnosis or failure to diagnose
Failure to diagnose an illness or injury accurately can result in serious complications, or death. Many medical malpractice cases involve misdiagnosis. To establish negligence, a patient or their lawyer must show that a skilled doctor in similar circumstances would not have misdiagnosed a problem.
Not every misdiagnosis is negligence, but. Even the most experienced and highly trained doctors make mistakes. Therefore, the claim of malpractice must be backed by other elements such as breach, proximate causation and actual injury. For instance If a doctor does not properly sterilize their equipment before administering anesthesia, and the patient develops an infection in the process the doctor could be guilty of malpractice.
Lawsuits alleging malpractice are typically filed in state trial courts where the alleged error occurred. However, federal courts might have jurisdiction in certain situations. For instance, a case could be filed in federal court in the event of the interpretation of the time limit for filing a claim or in the event of a significant variety of citizenship among those involved in the dispute. Alternatively, some claims are settled through voluntary binding arbitration. This is a less formal process that involves professional decision makers. It is designed to cut costs, speed up legal process, and reduce the risk of overly large juries. Arbitration is not available in all instances of misconduct.
Wrong Drug Dosage
Medication errors--also called medication mistakes--are one of the main causes of medical malpractice lawsuits. They can be the result of a doctor writing a prescription that is not correct or delivering the wrong dose to the patient. These errors are usually preventable. In the event of an incident the situation, a pharmacist, a hospital or other health care providers could be held accountable for the injuries resulting from patients who were given the wrong dosage of a medication.
A doctor could prescribe the wrong medication to a patient because of an inaccurate diagnosis or simply due to a misreading of the prescription. A health care provider can also give the wrong dosage due to a breakdown in communication. For example nurses might not read a doctor's prescription correctly or a pharmacist might make an error when filling the prescription. In other situations, a physician might delay in administering the correct medication to the patient, resulting in the patient's condition getting worse.
To prevail in a malpractice lawsuit, a victim must prove that the medical professional did not meet their standards of care and that negligence directly caused the injuries. This requires testimony from a medical expert. Medical malpractice cases also must prove the extent and damage of the victim's injuries. This includes the cost of treatment as well as any wages lost. The greater the loss of the claim, the greater the value of the claim.
The wrong procedure
It's not likely that medical professionals could perform the wrong procedure on a patient, however, this kind of thing can occur. The surgeon who commits this kind of error could be held responsible for malpractice. However, a patient who is injured as a result of a surgical error could also be held accountable for any negligence that occurred during the way to the procedure.
Any health professional who is alleged to be negligent must prove that the patient was injured by a specific act or omission to act. To prove this the legal counsel of the patient must demonstrate that: (1) the doctor was bound by the obligation to provide medical care or treatment; (2) that the doctor breached this duty; (3) that there is a direct causal relationship 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 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 obvious and recognizable that they cannot be explained except by negligence.
Depending on the facts of the situation, the plaintiff (the patient or their legally appointed representative) or their attorney may make the claim in a state or federal court. Most malpractice cases are filed in state courts, however in certain situations medical malpractice lawsuits could be filed in federal district court.
Wrong Surgery
The procedure that is performed on the wrong site is not common, but can be considered medical malpractice if the procedure is performed in the wrong part of your body. This type of error usually occurs as caused by miscommunication between the members of a surgical team, or production pressure that leads to the surgeon being tasked with multiple surgeries simultaneously. In these cases the surgeon isn't solely responsible for a wrong-site operation due to the legal principle of "res ipsa locquitur" which says that the result is a matter of fact and cannot be blamed on negligence.
If someone is injured during an improper procedure the patient may require additional procedures in order to correct problems that were aggravated by the mistake. Patients and their family members are left with hefty medical bills. It is crucial to keep these costs in mind when calculating the financial burden of medical malpractice lawyers lawsuits.
Surgeons are most often found to be responsible for surgical mistakes 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 that the incision is placed at the right place. However, in some instances an anesthesiologist or hospital may be held accountable. Medical malpractice lawsuits are usually filed in state courts, however, under certain circumstances they may be transferred to federal court.
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