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Common Causes of Malpractice Litigation

Malpractice litigation can be a difficult procedure. If a patient can prove four elements, it will determine whether or not the mistake is a case of malpractice. These are professional obligation in breach of this obligation; a repercussion from the breach; and measurable damages.

Plaintiffs must be able to prove the elements using evidence such as expert testimony and depositions.

Incorrect diagnosis and failure to diagnose

Failure to correctly diagnose an illness or injury accurately can cause serious complications, or even death. Many medical malpractice lawsuit cases result from incorrect diagnosis. To prove negligence the patient or their lawyer must demonstrate that a competent physician under similar circumstances and working in the same specialty would not have misdiagnosed the problem.

It is not always a case of malpractice, however. Even highly experienced and trained doctors are not immune to mistakes. Therefore, a claim of malpractice must be backed by other elements like breach, proximate causes and actual injury. If a doctor fails sterilize his equipment prior to administering anesthesia and the patient is infected as a result of this, the doctor could be found to be negligent.

Lawsuits that claim malpractice are usually filed in state trial courts, where the alleged malpractice took place. However, federal courts could have jurisdiction in certain situations. A claim can be brought before a federal court in certain circumstances. For instance, it may involve an issue regarding the statute of limitations or when the parties have different nationalities. In other cases, certain claims are settled through voluntary binding arbitration. This is a non-formal procedure that is governed by professional decision makers. It is designed to cut costs, expedite the legal process, and remove the risk of overly generous juries. Arbitration is not available in all cases of malpractice law firm.

The wrong dosage of medication

Medication errors, also referred as medication errors are among the main reasons for medical malpractice suits. These errors can be caused by a doctor writing a prescription in the wrong format, or giving the patient the wrong dosage. These errors are usually avoidable. Depending on the circumstances the hospital staff member, a pharmacist or other health care professionals could be held accountable for the harms suffered by patients who were given the wrong dose of medication.

A doctor may prescribe the wrong medication to a patient because of an incorrect diagnosis or simply because he/she misreads the prescription. A health care provider can also prescribe the wrong dosage because of a glitch in communication. For instance nurses may not read a doctor's prescription correctly or a pharmacist may have a mistake while filling the prescription. In other situations doctors may delay in administering the correct medication to the patient, which could result in their condition deteriorating.

To win a malpractice case, the victim must demonstrate that the medical professional violated their standard of care, and that their negligence directly led to their injuries. This requires the testimony of a medical expert. Furthermore, a medical negligence case must prove the extent of the injuries suffered by a victim and the damages they sustained because of the negligence. This includes the costs of treatment for a patient and any lost wages. Generally, the greater a loss is then, the more valuable the claim will be.

Wrong Procedure

It's not likely that medical professionals would perform the wrong procedure on a patient, but this type of incident does occur. A surgeon who makes this error could be held liable for malpractice. A patient who is injured due to an error during surgery may be held liable for any mistakes that were made during the procedure.

A medical professional accused of malpractice must prove that the patient was injured because of an action or inability to take action. To prove this, the legal team of the patient must prove: (1) that the doctor was obligated to provide care or treat the patient; (2) that he did not fulfill that duty; (3) that a causal connection exists between the breach and injury and (4) the injuries result in damages that the legal system could address.

A breach of duty of care is no meaning unless it result in injury. This is the reason medical malpractice cases are often dependent on the lawful doctrine "res ipsa locquitur," which states that certain injuries are so obvious they can only be explained by negligence.

Based on the facts of the situation, the plaintiff (the patient or their legally designated representative) or their attorney can present the claim to state or federal court. The majority of malpractice cases are filed with state courts, however in certain situations a medical negligence case may be filed in federal district court.

Wrong Surgery

The wrong-site surgery is a common error, but it could be considered medical malpractice 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 the members of a surgical team, malpractice lawyer or malpractice lawyer production pressure that results in an individual surgeon being assigned multiple surgeries at once. In these cases the surgeon is not solely responsible for a wrong-site operation due to a legal rule known as "res ipsa locquitur", which states that the result speaks for itself and cannot be attributed to negligence.

If a patient is injured as a result of surgery done on the wrong location and is injured, they may require additional procedures to fix problems caused due to the surgical error. This could result in expensive medical expenses for patients as well as their families. It is crucial to keep these costs in mind when calculating the financial costs of medical malpractice claims.

Surgeons are most often held accountable for surgical errors as 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 other members of the medical team and making sure that the incision is made on the correct site. In some instances, hospitals or anesthesiologists may also be accountable. Medical malpractice Lawyer claims are generally filed in state courts. However, under certain circumstances, they can be transferred to federal courts.