Common Causes of Malpractice Litigation

Malpractice litigation is a complex procedure. If a patient can prove four factors, it will determine whether or not the error is malpractice. These are the following: a professional obligation or breach of that obligation; a repercussion from this breach; and quantifiable damage.

Plaintiffs must also prove the facts using evidence like expert testimony and depositions.

Misdiagnosis and Failure to Diagnose

The inability of a doctor to diagnose an illness or injury can result in grave complications, or even death. Incorrect diagnosis is a common reason for medical negligence. To prove negligence, the patient or their attorney must demonstrate that a competent doctor under similar circumstances and in the same field would not have misdiagnosed the condition.

Not every misdiagnosis is malpractice, however. Even highly skilled and experienced doctors make mistakes, so any claim of malpractice has to be supported by other elements like breach, proximate causality and actual injury. If a doctor does not sterilize his equipment before administering anesthesia and the patient is infected because of this, the doctor may be liable.

In most cases, lawsuits that allege malpractice will be filed in the state trial court in which the alleged malpractice took place. However, federal courts might have jurisdiction under limited circumstances. For instance, a case may be brought in federal court if it involves a dispute over a statute of limitations or in the event of a significant variation in the citizenship of those involved in the dispute. Certain claims are settled through arbitral arbitration, which is a binding process. This is a less formal process with professional decision makers. It is designed to cut costs, speed up legal proceedings and eliminate the possibility of excessively generous juries. Arbitration is not accessible in all cases of Malpractice lawyers (010-5491-6288.iwebplus.Co.kr).

The wrong dosage of medication

Medication errors, also referred as medication mistakes, are one of the most common causes of medical malpractice lawsuits. They can involve a physician writing a prescription that is not correct or administering the wrong dosage to a patient. These errors are usually preventable. According to the situation the situation, a pharmacist, a hospital or other health care providers could be held responsible for the injuries resulting from a patient who was given the wrong dose of a drug.

A doctor can prescribe the wrong medication because of a misdiagnosis, or simply making a mistake in the prescription. A health care provider may also prescribe the wrong dosage because of a breakdown in communication for instance, when the nurse reads the doctor's handwritten prescription incorrectly or the pharmacist makes an error in filling out the prescription. In other instances the doctor might delay delivering the correct medication, which could cause the patient's illness to worsening.

A person seeking compensation must prove, to be successful in a malpractice lawsuit, that the medical professional violated their standard of practice and that their injuries were directly caused by the negligence. This requires medical experts to be present. A medical malpractice claim also must prove the extent and the damages caused by the victim's injuries. This includes the cost of treatment as well as any wage loss. Generally, the greater a person's losses are, the more valuable the claim will be.

The wrong procedure

This type of incident is not unusual. It may seem like a challenge for medical professionals to perform the incorrect procedure on patients however, it is a reality. A surgeon who makes this kind of error could be held accountable for negligence. If a patient is injured due to an error in surgery could be held responsible for any mistakes that were made during the procedure.

Any health care professional who is accused of negligence must show that the patient was hurt by a specific act or failure to act. To prove this the legal counsel of the patient must prove that (1) the doctor was under a duty to provide care or treatment; (2) that the doctor breached the duty of care; (3) that there is a direct causal connection between the breach and the injury; and (4) that the injury causes damages that the legal system is able to deal with.

A breach of the duty of care is not relevant unless it causes injury, this is why medical malpractice claims are usually built on a legal concept called "res ipsa loquitur." This law states that, in a majority of cases certain injuries are so obvious and evident that they cannot be explained except by negligent acts.

Based 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 state or federal court. The majority of malpractice cases are filed in state courts, however in certain circumstances, a medical malpractice case can be brought in federal district court.

Wrong Surgery

The wrong-site surgery isn't common but it can be considered medical malpractice when the procedure is performed in the wrong area of your body. This type of error is usually caused by a lack of communication between the members of a surgical team or production pressure that leads to an individual surgeon being assigned multiple surgeries at the same time. In these situations the surgeon isn't solely accountable for a mistaken-site operation because of the legal principle known as "res ipsa locquitur" which states that the outcome is a matter of fact and cannot be attributed to negligence.

If a patient gets injured by wrong-site surgery it is possible that he or she will require additional procedures to repair issues that were caused by the mistake. Patients and their family members are left with hefty medical bills. This expense should be considered when calculating the financial impact of medical malpractice claims.

Most often surgeons are accountable for surgical errors. They are responsible for preparing the patient for the procedure, checking the medical record and chart of the patient, communicating with the medical team, and ensuring that the incision was placed in the proper location. In some instances, an anesthesiologist or hospital may also be held responsible. Medical malpractice claims are usually filed in state courts, however, in certain situations they may be transferred to federal court.