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 determine whether or not the error is a case of malpractice. These are the following: a professional obligation or breach of that obligation; an injury that results from the breach; and quantifiable damages.

Plaintiffs must also prove the elements by using evidence such as expert testimony and depositions.

Incorrect diagnosis or failure to diagnose

Failure to identify an injury or illness accurately can cause serious complications, or death. A large number of medical malpractice cases involve mistaken diagnosis. To establish negligence, a patient or their lawyer must prove that a seasoned doctor in similar circumstances would not have misdiagnosed a problem.

Not every misdiagnosis is malpractice, however. Even highly skilled and experienced doctors are not immune to mistakes. Therefore, any claim of malpractice must be supported with other elements like breach, proximate cause or actual injury. For instance when a doctor does not properly sterilize their equipment prior to administering anesthesia and the patient develops an infection due to the infection the doctor could be guilty of malpractice.

In the majority of cases, lawsuits alleging winter springs malpractice attorney will be filed in the state trial court in which the alleged misconduct occurred. However, federal courts could be able to handle cases in certain circumstances. For instance, a case may be brought in federal court in the event of disputes over a statute of limitations or when there is a substantial difference in citizenship among the parties involved in the case. Certain disputes are settled via binding arbitration. This is a non-formal procedure which involves professionals who make the decisions. It is designed to minimize costs, speed up legal process, and remove the risks associated with large juries. However, arbitration isn't accessible for all malpractice claims.

Dosage for a drug that is not correct

Medication mistakes, also referred to as medication errors, are among the most common causes of medical malpractice lawsuits. They can be caused by a physician prescribing a prescription in error or giving the wrong dosage to a patient. These mistakes are usually preventable. Based on the circumstances, a pharmacy, a hospital or other health care provider could be held responsible for the harm caused by a patient who was given the wrong dosage of a drug.

A doctor could prescribe the wrong medicine because of a misdiagnosis, or simply making a mistake in the prescription. A health care professional may also give the wrong dosage due to a breakdown in communication. For instance nurses might not read a doctor's prescription correctly or a pharmacist might make a mistake when filling the prescription. In other cases the doctor could delay delivering the correct medication, which can result in the patient's health getting worse.

A victim must prove, to be successful in a malpractice lawsuit, that the medical professional breached their standards of practice and that their injuries were directly caused by the negligence. This requiresld be filed with a federal district court.

Wrong Surgery

The procedure that is performed on the wrong site is not common however, it could be a case of medical malpractice when the procedure is done in the wrong area of your body. This type of mistake is usually caused by miscommunications between the surgical team, or by pressures in the production process that result in a surgeon having multiple surgeries scheduled at the same time. In these situations the surgeon isn't solely responsible for a wrong-site procedure because of a legal principle known as "res ipsa locquitur", which states that the result is a matter of fact and cannot be attributed to negligence.

If a patient gets injured due to surgery performed on the wrong site it is possible that he or she will require additional procedures to repair problems caused by the mistake. Patients and their families are left with expensive medical bills. This expense should be considered when calculating the financial consequences of medical sandy malpractice law firm claims.

Most often surgeons are accountable for surgical mistakes. They are responsible to prepare the patient for the procedure, checking the medical records and charts of the patient, coordinating with the rest of the medical staff, and ensuring that the incision was placed at the right place. In some instances, a hospital or anesthesiologist may also be held responsible. Medical malpractice cases are typically filed in state courts. However, in certain situations, they can be transferred to federal court.