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Common Causes of Malpractice Litigation

The process of bringing a malpractice lawsuit is a complex procedure. 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; harm due to the breach and tangible damages.

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

The wrong diagnosis or the inability to diagnose

Inability to recognize an illness or injury accurately can result in serious complications, or death. Many medical malpractice cases involve misdiagnosis. To prove negligence, the patient or their lawyer must demonstrate that a competent doctor under similar circumstances and working in the same field would not have misdiagnosed the condition.

A misdiagnosis is not always malpractice. Even the most experienced and highly trained doctors make mistakes. Therefore, the claim of malpractice must be supported by other elements such as breach, proximate causation, and actual injury. If a physician fails to sterilize his equipment prior to giving anesthesia, and the patient gets infected because of this, the doctor may be found to be negligent.

Legal actions claiming malpractice are usually filed in state trial courts, where the alleged error occurred. However, federal courts might be able to handle cases in certain circumstances. For example, a claim may be brought in federal court if it involves the interpretation of a statute of limitations or when there is a substantial variety of citizenship among the parties involved in the case. Certain disputes are settled through arbitral arbitration, which is a binding process. This is a less formal procedure which involves professional decision makers and is designed to cut costs, expedite legal proceedings and eliminate the risk of overly generous juries. However, arbitration isn't available for all claims of malpractice.

Dosage for a drug that is not correct

Medication errors, also referred to as medication mistakes, are one of the main causes of medical malpractice law firm suits. They can involve a physician writing a prescription incorrectly or delivering the wrong dose to patients. These errors are usually avoidable. In certain circumstances the hospital or its staff, a pharmacist or other health care provider may be held liable for the injuries of a patient who was given the wrong dose of medication.

A doctor could prescribe the wrong medication because of a misdiagnosis or by simply not understanding the prescription correctly. A health care provider can also give the wrong dosage due to a breakdown in communication. For instance, a nurse may interpret a doctor's prescription incorrectly or a pharmacist may have a mistake while filling the prescription. In other situations doctors may delay administering the correct medication to the patient, resulting in the patient's condition getting worse.

A plaintiff must prove in order to prevail on a malpractice lawsuit that the medical professional violated their standard of practice and that their injuries were directly caused by the negligence. This requires testimony from a medical expert. A medical malpractice case must prove the severity and damages of the victim's injuries. This includes the cost of treatment for the victim as well as any wages lost. The greater person's losses are and the greater the value of the claim will be.

Wrong Procedure

It might seem unlikely that medical professionals would carry out the wrong procedure on a patient, but this type of incident occurs. A surgeon who makes the mistake could be held liable for negligence. A patient who suffers injury as a result of an error during surgery may be held accountable for any mistakes that were made during the procedure.

Any health professional who is accused of misconduct must prove that the patient was harmed through a specific act or inaction. To prove this the legal counsel of the patient must prove that: (1) the doctor had a duty to provide care or malpractice lawyer treatment; (2) that the doctor breached the duty of care; (3) that there is a direct causal connection between the breach and the injury and (4) that the injury results in damages that the legal system could address.

A breach of the duty of care has no significance unless it causes injury, which is why medical malpractice lawsuits are generally founded on a legal principle known as "res ipsa loquitur." This law says that, in a lot of instances certain injuries are obvious and unmistakable that they are only explained by negligence.

Depending on the facts of the situation, the plaintiff (the patient or their legally appointed representative) or their lawyer may bring the case in federal or state court. The majority of malpractice Lawyer cases are filed in state courts, but in certain circumstances the case of medical negligence can be brought to federal district court.

Wrong Surgery

The wrong-site procedure is rare but it could be considered medical malpractice in the event that the procedure is carried out in the wrong place on your body. This type of error is usually caused by a lack of communication between members of a surgical team, or production pressure that results in the surgeon being assigned multiple surgeries at once. In these instances the surgeon is not solely responsible for a misplaced procedure due to a legal principle known as "res ipsa locquitur" which says that the outcome speaks for itself and cannot be attributed to negligence.

If the patient is injured during a wrong-site procedure it is possible that the patient will require additional procedures in order to correct problems that were exacerbated due to the error. Patients and their families are left with expensive medical bills. It is important to take these costs into consideration when calculating the financial cost of medical malpractice claims.

The majority of times surgeons are held accountable for surgical mistakes. They are accountable in preparing the patient for the procedure, malpractice lawyer as well as checking the medical record and chart of the patient, coordinating with the rest of the medical team, and ensuring that the incision was placed in the proper location. In some cases an anesthesiologist or hospital can also be held liable. Medical malpractice lawyer cases are typically filed in state courts. However, in certain situations they may be transferred to federal courts.