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Common Causes of Malpractice Litigation

Malpractice litigation is a complex procedure. The degree to which an error constitutes Malpractice Lawyer depends on the ability of the patient to establish four legal elements such as a professional duty breach of this duty; harm caused by the breach and damages that can be quantifiable.

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

Incorrect diagnosis and inability to diagnose

The failure of a physician to accurately diagnose a disease or injury can result in grave complications, or even death. Incorrect diagnosis is a common reason for medical negligence. To prove negligence the patient or their attorney must show that a competent doctor under similar circumstances and in the same field would not have missed the diagnosis.

Not every misdiagnosis is negligence, but. Even highly trained and experienced doctors make mistakes, therefore an allegation of malpractice needs to be supported by other factors such as breach, proximate causality and actual injury. For example, if a physician does not properly sterilize their equipment before administering anesthesia, and the patient develops an infection because of it, the doctor could be guilty of malpractice.

In the majority of instances, lawsuits claiming that there was a mistake will be filed in the state trial court in which the alleged misconduct occurred. Federal courts may, however, have jurisdiction in certain circumstances. A claim can be brought before a federal court under certain circumstances. For instance it could be a dispute about the statute of limitations or if the parties are of different citizenships. In other cases, certain claims are settled through voluntary binding arbitration. This is a less formal procedure which involves professionals who make the decisions. It is designed to reduce costs, speed up legal process, and remove the risk that comes with generous juries. However, arbitration is not accessible for all malpractice claims.

Dosage of a drug that is incorrect

Medication errors, often referred to as medication errors are among the leading causes of medical malpractice lawsuits. These errors could be caused by a doctor who has submitted a prescription in a wrong format or giving the patient the wrong dosage. These errors are usually avoidable. According to the situation, a pharmacy, a hospital or other health care provider could be held responsible for injuries caused by an individual who took the wrong dosage of a drug.

A doctor could prescribe the wrong medication to a patient because of an incorrect diagnosis or simply due to a misreading of the prescription. A health professional could also give the wrong dosage due to a failure in communication. For instance the nurse might interpret a doctor's prescription incorrectly or a pharmacist may make an error when filling the prescription. In other instances the doctor may delay the proper medication, which can lead to the patient's condition getting worse.

To prevail in a malpractice case, the victim must prove that the medical professional did not meet their standard of care and that negligence directly caused their injuries. This requires the testimony of a medical expert. Additionally, a medical malpractice case must prove the extent of the victim's injuries and the damage they sustained as a result of the negligence. This includes the cost of a person's treatment and any lost wages. The more money you lose is, the more valuable of the claim.

Wrong Procedure

It may seem impossible that medical professionals would carry out the wrong procedure on a patient but this type of incident does occur. A surgeon who makes this mistake could be held liable for malpractice attorney. However, a patient who is injured as a result of a surgical error could also be held responsible for any negligence that occurred along the path to the procedure.

Any health care professional who is alleged to be negligent must show that the patient was hurt through a specific act or omission to act. To prove this, the legal team representing the patient has to prove: (1) that the doctor was legally obligated to provide treatment or care to the patient; (2) that he violated his duty; (3) that a causal connection exists between the breach and the injury; and (4) the injury results in damages the legal system could address.

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

Depending on the circumstances of the situation, the plaintiff (the patient or their legally designated representative) or their attorney may present the claim to state or federal court. The majority of malpractice cases are filed with state courts, but in certain circumstances, a medical negligence lawsuit can be brought to federal district court.

Wrong Surgery

The wrong-site surgery isn't common however, it could be a case of medical malpractice when the procedure is done in the wrong place on your body. This kind of error is often caused by miscommunications between the surgical team, or due to pressures in the production process that result in a surgeon having multiple surgeries at once. In these cases, a surgeon is not solely responsible for a misplaced procedure because of the legal principle known as "res ipsa locquitur" which says that the outcome speaks for itself and cannot be attributed to negligence.

If a patient gets injured by wrong-site surgery, he or she may require additional procedures to repair problems exacerbated by the surgical mistake. Patients and their family members are left with hefty medical bills. These expenses should be taken into consideration when calculating the financial impact of medical malpractice lawsuits.

Surgeons are typically held accountable for surgical errors because they are the ones who are responsible for getting ready for the procedure as well as double-checking the patient's charts and medical records, communicating effectively with other members of the medical team and making sure the incision is made on the correct site. However, in some cases a hospital or anesthesiologist may also be liable. Medical malpractice claims are generally filed in state courts, however, they can be transferred under certain circumstances to federal court.