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Common Causes of Malpractice Litigation

Malpractice litigation is a complicated procedure. The question of whether or not an error is considered to be malpractice is dependent on whether the patient is able to establish four legal elements such as a professional duty; breach of this duty; injury resulted from the breach and quantifiable damages.

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

Incorrect diagnosis and failure to diagnose

Failure to identify an injury or illness correctly could lead to serious complications, or death. A lot of medical malpractice law firm cases involve incorrect diagnosis. To prove negligence, a patient or their lawyer must prove that a skilled doctor in similar circumstances would not have misdiagnosed a condition.

A misdiagnosis is not always negligence. Even highly experienced and trained doctors can make errors. Therefore, a claim of malpractice has to be backed by other factors such as breach, proximate causes and actual injury. If a doctor fails to sterilize his equipment prior to giving anesthesia and the patient develops an infection due to this, the doctor may be guilty.

In the majority of cases, lawsuits that allege malpractice will be filed in the state trial court where the alleged misconduct occurred. Federal courts may be able to hear cases in certain circumstances. For instance, a lawsuit could be filed in federal court if there is the interpretation of the statute of limitations or when there is a substantial difference in citizenship among the parties in the case. Certain disputes are settled via binding arbitration. This is a less formal procedure that is governed by professional decision makers. It is designed to lower expenses, speed up the legal process, and remove the risk that comes with generous juries. Arbitration is not available in all cases of misconduct.

Wrong Drug Dosage

Medication errors, also known as medication mistakes, are one of the main causes of medical malpractice lawsuits. They can be the result of a doctor prescribing the wrong medication or giving the wrong dosage to the patient. These errors are usually avoidable. In the event of an incident the situation, a pharmacist, a hospital or other health care providers could be held responsible for the injuries resulting from an individual who took the wrong dose of a medication.

A doctor could prescribe the wrong medication because of a misdiagnosis. Or, simply not understanding the prescription correctly. A health care professional could also prescribe the wrong dosage due to an inability to communicate for instance, when nurses read the doctor's handwritten script in error or the pharmacist is mistaken in filling out the prescription. In other cases, a physician might delay the administration of the correct medication to the patient, which could result in their condition deteriorating.

To be successful in a Malpractice lawyers lawsuit, a victim must establish that the medical professional did not meet their duty of care and that negligence directly caused the injuries. This requires the testimony of a medical expert. A medical malpractice case must establish the extent and severity of the victim's injuries. This includes the cost of treatment as well as any lost wages. The greater person's losses are in the greater value of the claim will be.

Incorrect Procedure

This kind of incident is not unusual. It may seem like a challenge for medical professionals to carry out the wrong procedure on patients, however, it is a reality. A surgeon who makes this kind of error could be held responsible for malpractice. A patient who is injured because of an error during surgery can be held liable for any errors that occured during the procedure.

Any health professional who is accused of negligence must prove that the patient was injured by a specific action or omission to act. To prove this the legal team representing the patient must prove that (1) the doctor was in a duty to provide care or treatment; (2) that the doctor violated that duty; (3) that there is a direct causal link between the breach and the injury; and (4) that the injury causes damages that the legal system can address.

A breach of duty of care is no value unless it results in injury. This is the reason why medical malpractice cases are usually dependent on the lawful doctrine "res ipsa locquitur" which says that certain injuries are so obvious that they can be explained only through negligence.

Depending on the circumstances of the case, the plaintiff (the patient or their legally designated representative) or their attorney may bring the case in state or federal court. The majority of malpractice cases are filed in state courts, however in certain circumstances, a medical negligence lawsuit may be filed in federal district court.

Wrong Surgery

The wrong-site surgery isn't common, but can be considered medical malpractice when the procedure is done in the wrong location of your body. This kind of error is typically due to miscommunication between the members of a surgical team or production pressure that leads to an individual surgeon being assigned multiple surgeries at once. In these instances the surgeon isn't solely responsible for a wrong-site operation because of a legal rule known as "res ipsa locquitur", which states that the result is a matter of fact and cannot be blamed on negligence.

If the patient is injured during an incorrect procedure and is injured, they may need additional procedures to correct problems that were aggravated by the mistake. This results in costly medical bills for patients and their families. These costs should be taken into consideration when calculating the financial impact of medical malpractice claims.

Surgeons are most often accountable for surgical errors because they are the ones who are responsible for properly prepping for the operation and double-checking the patient's medical chart and medical records, coordinating effectively with other members of the medical team, and making sure the incision is located at the correct location. However, in some cases an anesthesiologist or hospital may also be liable. Medical malpractice claims are usually filed in state courts. However, under certain circumstances, they can be transferred to federal courts.