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Common Causes of Malpractice Litigation

Malpractice litigation can be a difficult procedure. If a person can prove four elements, it will be able to determine whether or not the mistake is a case of malpractice. These are professional obligations and a breach of that obligation; an injury that results from the breach; and measurable damage.

Plaintiffs must also prove these elements by presenting evidence like expert testimony, depositions, or discovery.

Incorrect diagnosis or failure to diagnose

Failure to diagnose an injury or illness accurately can result in serious complications, or even death. Many medical Malpractice Lawyers cases result from mistaken 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 condition.

A misdiagnosis is not always negligence. Even highly skilled and experienced doctors make mistakes, and a claim of malpractice attorney must be supported by other elements such as breach, proximate causality and actual injury. If a doctor does not sterilize his equipment prior the time he administers anesthesia and the patient gets infected 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 in which the alleged error occurred. Federal courts may be able to handle the case in certain circumstances. A case may be brought before a federal court in specific circumstances. For example, it may involve a dispute about a statute of limitation or when the parties have different nationalities. Additionally, some cases are resolved through binding arbitration that is voluntary. This is a non-formal procedure that is governed by professional decision makers. It is designed to cut costs, speed up legal process, and remove the risk that comes with large juries. Arbitration is not available in all cases of misconduct.

Dosage for a drug that is not correct

Medication errors, also referred as medication errors, are one of the leading causes of medical malpractice suits. These errors can be caused by a physician submitting prescriptions in the wrong format or giving the patient the wrong dosage. These errors are generally preventable. In certain circumstances, a hospital, its staff, a pharmacist or other health care professionals may be held liable for the injuries suffered by a patient who was given the wrong dosage of medication.

A doctor can prescribe the wrong medication because of a misdiagnosis. Or, simply making a mistake in the prescription. A health professional could also administer the wrong dosage because of an issue with communication, such as when nurses read a doctor's handwritten script incorrectly or the pharmacist makes a mistake in filling out the prescription. In other situations the doctor may delay the proper medication to the patient, which could result in the patient's condition getting worse.

To prevail in an action for malpractice, a victim must show that the medical professional breached their standard of care and that the negligence directly contributed to the injuries. This requires medical experts to be present. Medical malpractice cases also must prove the extent and damage of the victim's injuries. This includes the costs of treatment as well as any wages lost. In general, the greater a loss is then, the more valuable the claim will be.

Incorrect Procedure

It might seem unlikely that medical professionals could perform the wrong procedure on a patient but this type of mishap does occur. A surgeon who commits this mistake could be held liable for negligence. If a patient is injured as a result of an error in surgery could be held liable for any mistakes that were made during the procedure.

A health care professional who is accused of malpractice must prove that the patient was injured due to an action or inability to perform the act. To establish this the legal team of the patient must show: (1) that the doctor was required to provide care or treat the patient; (2) that he breached that duty; (3) that a causal connection exists between the negligence and injury; and (4) the injuries result in damages that the legal system can deal with.

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

Depending on the facts, the plaintiff (the person who filed the claim or their legal representative) or their lawyer may choose to file in either state or federal court. Most malpractice cases are filed in state court, however in certain situations the medical malpractice lawsuit can be brought in federal district court.

Wrong Surgery

Wrong-site surgery is a rare error, but it may be considered medical negligence if the procedure is performed on the wrong side of the body. This kind of error is typically caused by miscommunication between the members of a surgical team or production pressure that leads to the surgeon being tasked with multiple surgeries at once. In these cases the surgeon is not solely responsible for a misplaced operation due to the legal principle of "res ipsa locquitur" which states that the result is a matter of fact and cannot be blamed on negligence.

If a patient is injured during a wrong-site procedure it is possible that the patient will require additional procedures to rectify problems that were made worse by the mistake. This can result in high medical expenses for the patient and their families. It is essential to take these costs into consideration when calculating the financial costs of medical malpractice lawsuits.

The majority of times surgeons are liable for surgical errors. They are accountable for preparing the patient for the procedure, as well as checking the medical records and charts of the patient, communicating with the rest of the medical staff, and making sure that the incision was made at the right place. In some cases the hospital or anesthesiologist can also be held liable. Medical malpractice lawsuits are typically filed in state court but may be transferred in certain circumstances to federal court.