Common Causes of Malpractice Litigation

Malpractice litigation is a tense process. If a patient can prove four elements, it will determine whether or not the error is malpractice. These are: a professional obligation in breach of this obligation; an injury that results from the breach; and measurable damages.

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

Misdiagnosis and Milledgeville Malpractice attorney Failure to Diagnose

Inability to recognize an illness or injury accurately can result in serious complications, or death. Incorrect diagnosis is a common reason for medical malpractice. To prove negligence, a person or their lawyer must demonstrate that an experienced doctor in similar circumstances would not have misdiagnosed the condition.

Every misdiagnosis can be considered to be an error, but. Even the most skilled and trained doctors make mistakes, and a claim of malpractice must be backed by other elements such as breach, proximate cause and actual injury. If a physician fails to sterilize his equipment prior to giving anesthesia and the patient gets infected as a result of this, he could be guilty.

In the majority of cases, lawsuits alleging norwich malpractice law firm will be filed in the state trial court in which the alleged misconduct occurred. However, federal courts may be able to handle cases in certain circumstances. A claim may be filed before a federal court in specific circumstances. For instance it could involve an issue regarding the statute of limitations or when the parties have different nationalities. Additionally, some cases are resolved through binding arbitration that is voluntary. This is a less formal process that is governed by professional decision makers. It is designed to cut costs, expedite the legal proceedings, and eliminate the risks associated with generous juries. Arbitration is not available in all cases 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 could be caused by a doctor who has submitted prescriptions in the wrong format or giving the patient the incorrect dosage. These mistakes are usually avoidable. According to the circumstances the hospital, its staff, a pharmacist or other health care professionals could be held responsible for the harms suffered by a patient who was prescribed the wrong dosage of medication.

A doctor could prescribe the wrong medication as a result of a misdiagnosis. Or, simply misreading the prescription. A health professional could also prescribe the wrong dosage due to a breakdown in communication for instance, when nurses read a doctor's handwritten script incorrectly or the pharmacist makes an error in filling out the prescription. In other cases the doctor may delay the administration of the correct medication, which can cause the patient's condition to worsening.

A person who suffers from a medical malpractice claim must prove, in order to win a malpractice claim that the medical professional breached their standards of practice and that their injuries were directly attributed to the negligence. This requires testimony from a medical expert. Moreover, a medical Milledgeville malpractice attorney case must prove the extent of the victim's injuries as well as the damages they suffered because of the negligence. This includes the cost of treatment as well as any lost wage. The greater the loss, the higher the value of the claim.

Unskillful Procedure

This kind of situation is not uncommon. It might seem unattainable for Milledgeville malpractice Attorney medical professionals to perform the incorrect procedure on patients but it does happen. A surgeon who makes this error can be found responsible for malpractice. A patient who is injured because of an error in surgery could be held liable for any errors that occured during the procedure.

Any health care professional who is accused of negligence must prove that the patient was injured by a specific act or inaction. To establish this, the legal team representing the patient must demonstrate: (1) that the doctor had a responsibility to care for or treat the patient; (2) that he violated his duty; (3) that a causal connection exists between the breach and injury; and (4) the injury causes damages that which the legal system may address.

A breach of duty of care has no significance unless it results in injury. This is the reason why medical malpractice cases are often based on the legal doctrine "res ipsa locquitur," which states that certain injuries are so obvious they can be explained only through negligence.

Depending on the facts the plaintiff (the person who filed the claim or their legal representative) or their attorney may decide to file the claim either in state or federal court. The majority of malpractice cases are filed with state courts, but in certain situations the case of medical negligence can be filed in federal district court.

Wrong Surgery

Surgery performed on the wrong site is a very rare error, but it can be considered medical negligence if the procedure is performed on the wrong part of the body. This type of mistake is usually caused by miscommunications between members of the surgical team, or production pressures that result in a surgeon having multiple surgeries scheduled at the same time. In these cases, the surgeon is not alone in 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 result of the error is evident and cannot be attributed to negligence.

If an individual is injured in an operation that was performed on the wrong site it is possible that the patient will require additional procedures in order to correct problems that were made worse by the mistake. This results in costly medical expenses for patients as well as their families. This expense should be taken into consideration when calculating the financial consequences of medical malpractice lawsuits.

Most often surgeons are held accountable for surgical mistakes. They are accountable in preparing the patient prior to the procedure, checking the chart and medical records of the patient, coordinating with the rest of the medical team, and ensuring that the incision was placed in the proper location. In certain instances, a hospital or anesthesiologist can also be held liable. Medical malpractice claims are usually filed in state courts, however, in certain situations they may be transferred to federal court.