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Common Causes of Malpractice Litigation

Malpractice litigation can be a difficult procedure. If the error constitutes malpractice depends on whether the patient is able to prove four legal elements which include professional duty; breach of this duty; harm resulted from the breach and damages that can be quantifiable.

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

Incorrect diagnosis or failure to diagnose

Inability to recognize an injury or illness accurately could lead to serious complications, or even death. Incorrect diagnosis is a common cause of medical malpractice. To prove negligence the patient or their attorney must show that a competent doctor in similar circumstances and in the same specialty would not have misdiagnosed the condition.

Every misdiagnosis can be considered to be negligence, but. Even the most experienced and highly trained doctors make mistakes, and an allegation of malpractice needs to be supported by other factors like breach, proximate causation and actual injury. If a doctor fails to sterilize his equipment prior to giving anesthesia and the patient becomes infected due to this, the doctor may be found to be negligent.

Lawsuits that claim malpractice are usually filed in state trial courts, where the alleged error occurred. Federal courts may be able to hear cases in certain circumstances. A case may be brought before a federal court in specific circumstances. For example, it may involve a dispute about the statute of limitations or in the event that the parties have different nationalities. In other cases, certain claims are resolved through binding arbitration that is voluntary. This is a less-formal process which involves professionals who make the decisions. It is designed to reduce expenses, speed up the legal proceedings, and eliminate the risk associated with overly generous juries. Arbitration is not available in all instances of malpractice.

The wrong dosage of medication

Medication errors, also known as medication mistakes, are one of the main causes of medical malpractice lawsuits. These errors could be caused by a physician submitting prescriptions in the wrong format or giving the patient the wrong dosage. These mistakes are usually preventable. According to the circumstances, a hospital or its staff, pharmacist or other health professionals could be held accountable for the harms suffered by a patient who was prescribed the wrong drug dosage.

A doctor may prescribe the wrong medication as a result of a misdiagnosis or by simply not understanding the prescription correctly. A health professional could also administer the wrong dosage due to a lapse in communication. For instance nurses may read a doctor's script incorrectly or a pharmacist might make a mistake when filling the prescription. In other instances the doctor may delay the administration of the correct medication to the patient, which could result in their condition deteriorating.

A person who suffers from a medical malpractice claim must prove, in order to prevail on a malpractice lawsuit that the medical professional breached their professional standards and that their injuries were directly caused by the negligence. This requires the testimony of a medical expert. Medical malpractice cases also must establish the extent and severity of the victim's injuries. This includes the costs of treatment as well as any wages lost. The greater the loss the greater the value of the claim.

The wrong procedure

It might seem unlikely that medical professionals would carry out the wrong procedure on a patient but this type of incident does occur. A surgeon who makes this error can be found accountable for malpractice. A patient who is injured as a result of an error during surgery may be held accountable for any errors that occured during the procedure.

A health professional accused of malpractice must prove that the patient was injured as a result of the specific act or failure to take action. To establish this the legal team of the patient must show that: (1) the doctor had an obligation to provide care or treatment; (2) that the doctor breached this duty; (3) that there is a direct causal link between the breach and the injury and (4) that the injury results in damages which the legal system has the power to deal with.

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

Depending on the circumstances depending on the facts, the plaintiff (the person who filed the claim, or their legal representative) or their lawyer could decide to file a lawsuit either in state or federal court. The majority of malpractice cases are filed in state courts, however in certain situations medical malpractice lawsuits could be filed in federal district court.

Wrong Surgery

The procedure that is performed on the wrong site is not common however, it could be a case of medical malpractice if the procedure is performed in the wrong location of your body. This type of error is typically caused by a lack of communication between members of a surgical team or production pressure that results in the surgeon being tasked with multiple surgeries at one time. In these instances the surgeon is not solely accountable for a mistaken-site operation due to the legal principle known as "res ipsa locquitur" which says that the result is a matter of fact and cannot be attributed to negligence.

If someone is injured during a wrong-site procedure it is possible that the patient will require additional procedures to fix issues that were caused by the mistake. This can result in high medical bills for patients and their families. It is crucial to consider these costs when calculating the financial burden of medical malpractice claims.

Surgeons are usually accountable for surgical errors since they are the ones who are responsible for prepping for the operation and double-checking the patient's medical chart and medical records, communicating effectively with other members of the medical team, and making sure that the incision is located at the correct location. In certain instances hospitals or anesthesiologists could also be held accountable. Medical malpractice lawsuits are typically filed in state court but may be transferred in certain circumstances to federal court.