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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 professional obligations; a breach of that obligation; an injury that results from this breach; and measurable damages.

Plaintiffs must also prove these elements through evidence like expert testimony, depositions, and discovery.

Incorrect diagnosis or failure to diagnose

The failure of a physician to accurately diagnose an illness or injury can result in serious complications or even death. A large number of medical malpractice cases involve misdiagnosis. To establish negligence, a patient or their lawyer must show that a skilled doctor in similar circumstances would not have misdiagnosed the condition.

Every misdiagnosis can be considered to be negligence, but. Even the most experienced and highly trained doctors make mistakes, and any claim of malpractice has to be supported by other elements like breach, proximate causality and actual injury. If a doctor fails to sterilize his equipment prior to administering anesthesia, and the patient develops an infection due to this, he could be liable.

In most cases, lawsuits alleging malpractice will be filed in the state trial court in which the alleged malpractice lawyers (Highly recommended Resource site) took place. Federal courts may be able to hear cases in certain situations. A claim may be filed before a federal court in certain circumstances. For instance it could involve an issue regarding a statute of limitation or when the parties are of different nationalities. In other cases, certain claims are settled through voluntary binding arbitration. This is a non-formal procedure that involves professional decision makers. It is designed to minimize costs, expedite the legal process, and reduce the risk of overly large juries. Arbitration is not always available in cases of malpractice.

Wrong Drug Dosage

Medication errors, also known as medication mistakes, are one of the most common causes of medical malpractice lawyer lawsuits. They can result from a doctor prescribing a prescription in error or delivering the wrong dose to the patient. These mistakes are usually avoidable. In the event of an incident, a pharmacy, a hospital or other health care provider could be held responsible for the harm caused by patients who were given the wrong dose of a drug.

A doctor could prescribe incorrect medication to a patient as a result of an inaccurate diagnosis or simply because they misread the prescription. A health professional could also administer the wrong dosage due to a failure in communication. For instance the nurse might not read a doctor's prescription correctly or a pharmacist could make an error when filling the prescription. In other cases, a physician might delay administering the correct medication to the patient, which could result in the patient's condition getting worse.

A plaintiff 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 attributed to the negligence. This requires testimony from a medical expert. In addition, a medical mishap case must demonstrate the extent of the victim's injuries as well as the damages they sustained because of the negligence. This includes the cost of treatment as well as any lost wage. In general, the greater a person's losses are in the greater value of the claim will be.

Wrong Procedure

This type of incident is not uncommon. It may seem impossible for medical professionals to carry out the incorrect procedure on patients but it's true. A surgeon who commits this mistake could be held accountable for negligence. However the patient who is injured due to a surgical error can also be held accountable for any negligence that occurred along the way to the procedure.

A health care professional accused of malpractice must demonstrate that the patient was injured due to a specific act, or failure to take action. To prove this the legal counsel of the patient must show that: (1) the doctor had the obligation to provide medical care or treatment; (2) that the doctor did not fulfill this duty; (3) that there is a direct causal connection between the breach and the injury and (4) that the injury causes damages which the legal system has the power to address.

A breach of the duty of care is insignificant unless it causes injury this is why medical malpractice claims are usually based on a legal doctrine known as "res ipsa loquitur." This law states that, in a majority of cases certain injuries are obvious and evident that they cannot be explained except by negligence.

Depending on the circumstances of the case, the plaintiff (the patient or their legally designated representative) or their lawyer may file the claim in state or federal court. The majority of malpractice cases are filed in state courts, however in certain circumstances the case of medical negligence may be filed in 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 performed in the wrong part of your body. This kind of error is typically caused by miscommunication between members of a surgical team, or production pressure that results in the surgeon being tasked with multiple surgeries at the same time. In these cases the surgeon isn't all-in on his responsibility for a surgery that was performed on the wrong site since there is a legal rule known as "res ipsa loquitur" which means that the outcome of the error speaks for itself and can only be attributed to negligence.

If a patient gets injured due to surgery performed on the wrong site, he or she may require additional treatments to correct problems caused by the mistake. This results in costly medical expenses for the patient and their families. This expense should be taken into consideration when calculating the financial consequences of medical malpractice claims.

Surgeons are typically held liable for surgical errors because they are the ones who are responsible for properly making preparations for the operation, double-checking the patient's chart and medical records, coordinating effectively with the other members of the medical team and making sure the incision is made on the correct site. In some cases hospitals or anesthesiologists may also be held responsible. Medical malpractice lawsuits are usually filed in state courts, however, under certain circumstances they may be transferred to federal court.