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Common Causes of Malpractice Litigation

Malpractice litigation involves a complex process. If a patient is able to prove four elements, it will decide whether or not the error is malpractice. These are: a professional obligation and a breach of that duty; an injury resulting from this breach; and quantifiable damages.

Plaintiffs must also prove these elements by presenting evidence such as expert testimony, depositions, or discovery.

Incorrect diagnosis and failure to diagnose

Failure to identify an injury or illness accurately can result in serious complications, or death. Many medical malpractice law firms cases result from mistaken diagnosis. To prove negligence the patient or their attorney must demonstrate 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 experienced and highly trained doctors can make errors. Therefore, a claim of malpractice must be backed by other factors, such as breach, proximate cause or actual injury. For example, if a physician does not properly sterilize their equipment before administering anesthesia to a patient and they develop an infection as a result, the doctor could be liable for malpractice.

Lawsuits that claim malpractice are usually filed in state trial courts, where the alleged malpractice took place. Federal courts can, however, have jurisdiction in certain circumstances. A case may be brought before federal court in certain circumstances. For example it could be disputes over the statute of limitations or in the event that the parties have different citizenships. Some claims are settled by binding voluntary arbitration. This is a less formal process which involves professionals who make the decisions. It is designed to lower expenses, speed up the legal proceedings, and eliminate the risks associated with generous juries. However, arbitration is not available for all malpractice claims.

Dosage for a drug that is not correct

Medication errors, also known as medication mistakes, are one of the main causes of medical malpractice lawsuits. They can result from a doctor writing a prescription incorrectly or delivering the wrong dose to a patient. These errors are usually preventable. According to the situation, a pharmacy, a hospital or other health care provider could be held responsible for the injuries resulting from an individual who took the wrong dosage of a drug.

A doctor might prescribe the wrong medication as a result of a misdiagnosis, or simply misreading the prescription. A health professional could also administer the wrong dosage due to a lapse in communication. For example, a nurse may take a doctor's prescription and read it incorrectly or a pharmacist could make a mistake when filling the prescription. In other instances the doctor may delay the proper medication, which can lead to the patient's condition worsening.

A victim must prove, in order to win a malpractice lawsuit that the medical professional breached their standard of practice 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 prove the severity and damage of the victim's injuries. This includes the costs of treatment for the victim as well as any lost wages. In general, the greater a person's losses are and the greater the value of the claim will be.

Incorrect Procedure

It might seem unlikely that medical professionals could perform the incorrect procedure on a patient however, this kind of thing occurs. A surgeon who commits this mistake could be held responsible for malpractice. However the patient who is injured due to a surgical error can also be held accountable for any negligence that occurred on the process.

A medical professional accused of malpractice must prove that the patient was injured because of an action or failure to perform the act. To prove this the legal counsel of the patient must prove that (1) the doctor was bound by an obligation to provide care or treatment; (2) that the doctor breached this duty; (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 can address.

A breach of duty of care is no significance unless it results in injury. This is the reason medical malpractice cases are usually based on the legal doctrine "res ipsa locquitur" which states that certain injuries are so obvious they can be explained only by negligence.

Based on the circumstances, the plaintiff (the person who filed the claim, or their legal representative) or their attorney may decide to file the case in state or federal court. The majority of malpractice cases are filed with state courts, but in certain situations a medical negligence case may be filed in federal district court.

Wrong Surgery

The wrong-site surgery is rare but it could be considered medical malpractice if the procedure is performed in the wrong location of your body. This kind of error usually occurs as the result of miscommunication between the members of a surgical team or production pressure that results in a surgeon being assigned multiple surgeries simultaneously. In these situations the surgeon isn't solely accountable for a mistaken-site operation due to the legal principle known as "res ipsa locquitur" which says that the outcome is a matter of fact and cannot be blamed on negligence.

If a patient gets injured during surgery that is performed on the wrong site, he or she may require additional treatments to correct problems caused by the surgical mistake. Patients and their families are left with costly medical bills. It is crucial to take these costs into consideration when calculating the financial cost of medical malpractice lawsuits.

Surgeons are often found to be responsible for surgical mistakes since they are the ones who are accountable for making preparations for the operation as well as double-checking the patient's charts and medical records, coordinating effectively with other members of the medical team, and making sure the incision is located at the correct location. In some cases hospitals or anesthesiologists can also be held liable. Medical malpractice claims are typically filed in state courts, but may be transferred in certain circumstances to federal court.