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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 error is a case of Green Cove Springs Malpractice Law Firm. These are professional obligations and a breach of that duty; an injury resulting from the breach; and quantifiable damages.

Plaintiffs must also prove the facts using evidence, such as expert testimony and depositions.

The wrong diagnosis or the inability to diagnose

The inability of a doctor to correctly diagnose an illness or injury can lead to serious complications or even death. Incorrect diagnosis is a common reason for medical negligence. To prove negligence, a patient or their lawyer needs to prove that a seasoned doctor in similar circumstances would not have misdiagnosed the condition.

There are many misdiagnosis that could be considered malpractice, however. Even highly skilled and experienced doctors can make mistakes. Therefore, a claim of malpractice has to be backed by other elements like breach, proximate reason and actual injury. If a doctor does not sterilize his equipment prior to giving anesthesia and the patient gets infected due to this, he could be liable.

In the majority of instances, lawsuits claiming malpractice will be filed in the state trial court in which the malpractice was alleged to have occurred. However, federal courts may have jurisdiction under limited circumstances. For instance, a claim may be brought in federal court if it is the interpretation of a statute of limitations or if there is a substantial variation in the citizenship of the parties in the case. Certain disputes are settled through binding arbitration. This is a less formal procedure that is governed by professional decision makers. It is designed to minimize costs, expedite the legal process, and remove the risks associated with large juries. Arbitration is not always available in cases of misconduct.

Wrong Drug Dosage

Medication errors, also known as medication mistakes, are among the most common 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 patients. These errors are often 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 a patient who received the wrong dose of a drug.

A doctor can prescribe the wrong drug because of a misdiagnosis, or simply making a mistake in the prescription. A health professional may also administer the wrong dosage because of an issue with communication for example, when nurses read the doctor’s handwritten prescription incorrectly or the pharmacist commits an error in filling the prescription. In other cases the doctor may delay administering the correct medication to the patient, which could result in the patient’s condition getting worse.

A person seeking compensation must prove, for the sake of winning a malpractice lawsuit, that the medical professional violated their standard of practice and that their injuries were directly caused by the negligence. This requires testimony from a medical expert. In addition, a medical mishap case must establish the severity of a victim’s injuries and the damage they sustained as a result of the negligence. This includes the costs of treatment for the victim as well as any wages lost. In general, the greater a person’s losses are in the greater value of the claim will be.

Unskillful Procedure

This kind of incident is not uncommon. It may seem impossible for medical professionals to carry out the wrong procedure on patients, however, it is a reality. A surgeon who makes the mistake could be held liable for negligence. A patient who is injured as a result of an error during surgery can be held liable for any error that occurred during the procedure.

A health professional accused of malpractice must prove that the patient was injured due to a specific act, or failure to act. To prove this the legal counsel of the patient must prove that: (1) the doctor was in the obligation to provide medical care or treatment; (2) that the doctor did not fulfill this duty; (3) that there is a direct causal link between the breach and the injury and (4) that the injury results in damages that the legal system can resolve.

A breach of the duty of care is insignificant unless it causes injury which is why medical malpractice claims are typically built on a legal concept known as “res ipsa loquitur.” This law states that, in a majority of cases, certain injuries are so obvious and recognizable that they cannot be explained except by negligent acts.

Based on the circumstances depending on the facts, the plaintiff (the person who filed the claim, or their legal representative) or their lawyer can decide to file a lawsuit in federal or state court. Most malpractice cases are filed in state court, however in certain circumstances, a medical malpractice case could be filed in federal district court.

Wrong Surgery

A wrong-site procedure is a rare mistake, but it could be considered medical malpractice when the procedure is performed on the wrong side of the body. This kind of error is often caused by miscommunications between members of the surgical team, or production pressures that result in surgeons having multiple surgeries scheduled at the same time. In these situations, the surgeon is not solely responsible for his or her responsibility for an incorrect-site procedure due to an underlying legal principle referred to as “res ipsa loquitur” which means that the outcome of the error is evident and can only be attributed to negligence.

If an individual is injured in an operation that was performed on the wrong site and is injured, they may need additional procedures to correct problems that were aggravated due to the error. This results in costly medical expenses for the patient and their families. It is crucial to consider these costs when calculating the financial burden of medical malpractice claims.

Surgeons are typically held liable for surgical errors because they are the ones who are responsible for properly prepping for the operation and double-checking the patient’s medical chart and medical records, communicating effectively with the other members of the medical team, and making sure that the incision is placed at the right place. In certain instances, a hospital or anesthesiologist could also be held accountable. Medical gainesville malpractice law firm claims are typically filed in state court, however, they can be transferred under certain circumstances to federal court.