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Common Causes of Malpractice Litigation

The process of bringing a malpractice lawsuit is a complex procedure. If a patient can prove four elements, it will determine whether or not the error is a case of malpractice. These are the following: a professional obligation; a breach of that obligation; a repercussion from this breach; and measurable damage.

Plaintiffs must also demonstrate these elements with evidence like expert testimony, depositions, and discovery.

Incorrect diagnosis or failure to diagnose

Failure to correctly diagnose an injury or illness correctly can lead to serious complications, or death. Many medical malpractice cases involve incorrect diagnosis. To prove negligence, a person or their lawyer needs to prove that an experienced doctor in similar circumstances would not have misdiagnosed a condition.

It is not always a case of an error, but. Even the most skilled and 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 does not sterilize his equipment prior to administering anesthesia, and the patient becomes infected because of this, the doctor might be guilty.

In most cases, lawsuits that allege malpractice will be filed in the state trial court where the alleged malpractice law firms took place. Federal courts can be able to handle the case in certain circumstances. For example, a claim may be brought in federal court in the event of disputes over a statute of limitations or when there is a substantial variation in the citizenship of the parties in the case. Some claims can be settled through voluntary binding arbitration. This is a less-formal process which involves professionals who make the decisions. It is designed to reduce costs, expedite the legal proceedings, and eliminate the risk of overly generous juries. Arbitration is not accessible 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 are caused by a doctor writing prescriptions in a wrong format or giving the patient the wrong dosage. These errors are typically preventable. According to the circumstances the hospital or its staff, a pharmacist or other health care professionals may be held liable for the injuries of the patient who received the wrong dosage of a drug.

A doctor could prescribe the wrong medicine because of a misdiagnosis. Or, simply making a mistake in the prescription. A health professional can also administer the wrong dosage due to a failure in communication. For example nurses may take a doctor's prescription and read it incorrectly or a pharmacist might make an error when filling the prescription. In other instances, a doctor could delay the proper medication to the patient, which could result in the patient's condition getting worse.

A person who suffers from a medical malpractice claim must prove, in order to prevail on a malpractice lawsuit that the medical professional violated their professional standards and that their injuries were directly caused by the negligence. This requires testimony from a medical expert. In addition, a medical mishap case must prove the extent of the injuries suffered by a victim and the damage they sustained as a result of the negligence. This includes the cost of treatment as well as any lost wage. Generally, the greater a loss is in the greater value of the claim will be.

The wrong procedure

It might seem unlikely that medical professionals could perform the incorrect procedure on a patient, but this type of mishap occurs. A surgeon who makes this mistake could be held to be liable for malpractice. A patient who suffers injury due to an error during surgery can be held accountable for any mistakes that were made during the procedure.

A health care professional accused of malpractice must prove that the patient was injured due to the specific act or inability to perform the act. To establish this the legal team representing the patient must demonstrate that: (1) the doctor was under an obligation to provide care or treatment; (2) that the doctor violated that duty; (3) that there is a direct causal relationship between the breach and the injury and (4) that the injury results in damages which the legal system has the power to address.

A breach of the duty of care is insignificant unless it causes injury that's why medical malpractice lawyer (read this blog article from www.mallangpeach.com) lawsuits are generally made based on a law known as "res ipsa loquitur." This law says that, in the majority of cases certain injuries are so evident and obvious that they can only be explained through negligent actions.

Depending on the facts of the case, the plaintiff (the patient or their legally appointed representative) or their lawyer may present the claim to federal or state court. Most malpractice cases are filed in state court, however in certain situations, a medical malpractice lawsuit can be brought in federal district court.

Wrong Surgery

A wrong-site procedure is a rare error, but it could be considered medical negligence if the procedure is performed on the wrong side of the body. This type of error is usually due to miscommunication between members of a surgical team, or production pressure that leads to a surgeon being assigned multiple surgeries at once. In these instances, the surgeon is not alone in his or her responsibility for a surgical error that is not performed correctly due to a legal principle called "res ipsa loquitur" which means that the result of the error speaks for itself and can only be attributed to negligence.

If the patient is injured during a wrong-site procedure and is injured, they may require additional procedures to rectify problems that were exacerbated by the error. This leads to costly medical expenses for the patient and their families. These expenses should be taken into consideration when calculating the financial consequences of medical malpractice lawsuits.

Most often surgeons are held accountable for surgical mistakes. They are responsible in preparing the patient prior to the procedure, checking the chart and medical records of the patient, communicating with the medical personnel, and ensuring that the incision was made at the correct location. However, in some cases a hospital or anesthesiologist may also be held responsible. Medical malpractice cases are typically filed in state courts. However, under certain circumstances they may be transferred to federal court.