Common Causes of Malpractice Litigation

huntington beach malpractice lawyer litigation is a tense process. If an error constitutes malpractice depends on the ability of the patient to establish four legal elements which include professional duty; breach of this duty; injury resulting from the breach; and damages that can be quantifiable.

Plaintiffs must prove these elements through evidence such as expert testimony, depositions, or discovery.

Incorrect diagnosis and inability to diagnose

The failure of a physician to accurately diagnose a disease or injury can lead to serious complications or even death. Incorrect diagnosis is a common cause of medical malpractice. To prove negligence, the patient or their lawyer must demonstrate that a competent physician under similar circumstances and in the same specialty would not have missed the diagnosis.

A misdiagnosis is not always charlotte malpractice lawyer. Even highly skilled and experienced doctors make mistakes. Therefore, any claim of malpractice must be backed up by other elements such as breach, proximate reason and actual injury. For example If a doctor is not careful to sterilize their equipment before administering anesthesia and the patient develops an infection as a result, the doctor could be found to be negligent.

In the majority of instances, lawsuits claiming that there was a mistake will be filed in the state trial court in which the alleged misconduct occurred. However, federal courts might have jurisdiction in certain situations. For example, a claim may be brought in federal court if it is disputes over a statute of limitations or when there is a substantial diversity of citizenship of those involved in the dispute. Certain claims are settled through binding voluntary arbitration. This is a less formal process that is governed by professional decision makers. It is designed to reduce expenses, speed up the legal process, and remove the risk associated with overly generous juries. Arbitration is not available in all cases of malpractice.

Dosage for a drug that is not correct

Medication errors--also called medication mistakes--are one of the most frequent causes of medical malpractice lawsuits. These errors could be caused by a physician who writes a prescription in the wrong format, or giving the patient the incorrect dosage. These errors are usually preventable. According to the circumstances the hospital staff member, a pharmacist or other health professionals may be held liable for the injuries of a patient who was prescribed the wrong dosage of medication.

A doctor may prescribe the wrong medication to a patient because of an incorrect diagnosis or simply due to a misreading of the prescription. A health care provider can also administer the wrong dosage due to a breakdown in communication. For instance the nurse might not read a doctor's prescription correctly or a pharmacist could have a mistake while filling the prescription. In other instances, a physician might delay in administering the correct medication to the patient, resulting in their condition worsening.

To win a malpractice case, the victim must show that the medical professional violated their standard of care and that their negligence directly led to the injuries. This requires medical experts to be present. A medical malpractice claim also must establish the extent and the damages caused by the victim's injuries. This includes the cost of treatment as well as any lost wages. In general, the greater a loss is then, the more valuable the claim will be.

Unskillful Procedure

It might seem unlikely that medical professionals would perform the wrong procedure on a patient but this type of mishap occurs. If a surgeon makes this error can be found to be liable for negligence. If a patient is injured due to an error during surgery can be held accountable for any mistakes that were made during the procedure.

Any health professional who is accused of negligence must prove that the patient was injured by a specific act or omission to act. To prove this, the legal team representing the patient must demonstrate: (1) that the doctor was obligated to treat or provide care to the patient; (2) that he breached that duty; (3) that a causal link exists between the negligence and injury and (4) the harm results in damages that which the legal system may address.

A breach of the duty of care is meaningless unless it causes injury which is the reason medical malpractice lawsuits are generally based on a legal doctrine called "res ipsa loquitur." This law states that, in the majority of cases, certain injuries are so evident and obvious that they can only be explained by negligent acts.

Based on the facts of the situation, the plaintiff (the patient or their legally appointed representative) or their lawyer may present the claim to state or federal court. The majority of malpractice cases are filed with state courts, but in certain situations the medical negligence lawsuit could be filed with a federal district court.

Wrong Surgery

The wrong-site surgery is a common error, but it can be considered medical negligence if the procedure is performed on the wrong part of the body. This type of error is usually caused by a lack of communication between members of a surgical team or production pressure that leads to a surgeon being assigned multiple surgeries at the same time. In these instances the surgeon is not solely responsible for an incorrect-site procedure because of a legal principle known as "res ipsa locquitur" which states that the result speaks for itself and cannot be blamed on negligence.

If a patient is injured as a result of surgery done on the wrong location, he or she may require additional procedures to fix problems exacerbated by the surgical mistake. This can result in high medical expenses for the patient and their families. These costs should be considered when calculating the financial consequences of medical malpractice lawsuits.

The majority of times surgeons are accountable for surgical mistakes. They are accountable in preparing the patient prior to the procedure, as well as checking the medical record and chart of the patient, coordinating with the rest of the medical personnel, and ensuring that the incision was made in the proper location. In some instances, an anesthesiologist or hospital may also be held responsible. Medical malpractice lawsuits are typically filed in state courts, but can be transferred under certain circumstances to federal court.