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Common Causes of Malpractice Litigation

malpractice law firms 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 malpractice. These are the following: a professional obligation and a breach of that obligation; a repercussion from this breach; and measurable damages.

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

Misdiagnosis or Failure to Diagnose

A physician's inability to accurately diagnose an illness or injury could lead to serious complications or even death. Many medical malpractice cases result from incorrect diagnosis. To prove negligence the patient or their attorney must show that a competent doctor under similar circumstances and working in the same specialty would not have misdiagnosed the condition.

Misdiagnosis doesn't always mean negligence. Even the most experienced and highly trained doctors make mistakes, so any claim of Malpractice Lawyers has to be backed by other elements such as breach, proximate causality and actual injury. If a doctor fails sterilize his equipment prior the time he administers anesthesia and the patient becomes infected as a result of this, he could be held accountable.

Legal actions claiming malpractice are usually filed in state trial courts, where the alleged malpractice occurred. However, federal courts may have jurisdiction in certain situations. For example, a claim could be filed in federal court in the event of an issue regarding a statute of limitations or when there is a significant difference in citizenship among the parties involved in the case. Alternatively, some claims are resolved through binding arbitration that is voluntary. This is a less formal process which involves professional decision makers and is intended to cut costs, speed up legal proceedings and eliminate the possibility of excessively generous juries. Arbitration is not available in all instances of misconduct.

Wrong Drug Dosage

Medication mistakes, also referred to as medication errors, are among the most common causes of medical malpractice lawsuits. They can be caused by a physician prescribing the wrong medication or giving the wrong dosage to patients. These errors are usually preventable. In certain circumstances the hospital staff member, a pharmacist or other health care provider may be held liable for the injuries suffered by a patient who was given the wrong dosage of a drug.

A doctor may prescribe the incorrect medication to a patient because of an incorrect diagnosis or simply by misreading the prescription. A health professional may also administer the wrong dosage due to an issue with communication, such as when nurses read the handwritten prescription of a doctor incorrectly or the pharmacist commits an error in filling the prescription. In other cases the doctor may delay delivering the correct medication, which could cause the patient's illness to getting worse.

A plaintiff must prove to be successful in a malpractice claim that the medical professional violated their professional standards and that their injuries were directly attributed to the negligence. This requires medical experts to be able to testify. A medical malpractice claim also must establish the extent and the damages caused by the victim's injuries. This includes the cost of treatment as well as any wage loss. In general, the greater a loss is and the greater the value of the claim will be.

Incorrect Procedure

This kind of incident is not unusual. It might seem unattainable for medical professionals to carry out the incorrect procedure on patients however, it happens. The surgeon who makes the mistake could be held accountable for malpractice. If a patient is injured because of an error during surgery can be held liable for any negligence that occurred during the procedure.

Any health care professional who is alleged to be negligent must prove that the patient was hurt by a specific action or omission to act. To establish this, the legal team of the patient must demonstrate: (1) that the doctor was legally obligated to provide care or treat the patient; (2) that he failed to fulfill his obligation; (3) that a causal connection exists between the negligence and injury and (4) the injury causes damages that the legal system can deal with.

A breach of duty of care has no meaning unless it results in injury. This is the reason medical malpractice cases tend to be built on the legal principle "res ipsa locquitur," which states 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 appointed representative) or their attorney may make the claim in a federal or state court. The majority of malpractice cases are filed with state courts, however in certain situations, a medical negligence lawsuit can be filed in federal district court.

Wrong Surgery

The wrong-site surgery is rare, but can be considered medical malpractice when the procedure is performed in the wrong location of your body. This type of mistake is usually the result of miscommunications between members of the surgical team, or by pressures on production that result in a surgeon having multiple surgeries assigned at once. In these instances, the surgeon is not all-in on his responsibility for an incorrect-site procedure since there is a legal principle called "res ipsa loquitur" which means that the effect of the error speaks for itself and cannot be traced to negligence.

If someone is injured during an operation that was performed on the wrong site the patient may require additional procedures to fix problems that were aggravated due to the error. Patients and their families are left with expensive medical bills. This expense should be considered when calculating the financial impact of medical malpractice claims.

Surgeons are often found to be responsible for surgical mistakes since they are the ones who are accountable for getting ready for the procedure and double-checking the patient's medical chart and medical records, coordinating effectively with other members of the medical team, and making sure that the incision has been placed at the right place. In certain instances the hospital or anesthesiologist can also be held liable. Medical malpractice law firms claims are generally filed in state courts, but under certain circumstances, they can be transferred to federal courts.