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Common Causes of Malpractice Litigation

Malpractice litigation is a tense procedure. If a person can prove four factors, it will determine whether or not the error is malpractice. These are the following: a professional obligation; a breach of that obligation; an injury that results from this breach; and measurable damages.

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

Undiagnosed or Incorrectly Diagnosed

The inability of a doctor to diagnose an illness or injury could lead to serious complications or even death. Incorrect diagnosis is a common cause of medical negligence. To show negligence, the patient or their lawyer must show that a skilled doctor in similar circumstances would not have misdiagnosed an illness.

Every misdiagnosis can be considered to be malpractice, however. Even highly skilled and experienced doctors make mistakes. Therefore, any claim of malpractice case has to be supported by other factors such as breach, proximate causation and actual injury. If a physician fails to sterilize his equipment prior the time he administers anesthesia and the patient becomes infected due to this, he could be found to be negligent.

In most instances, lawsuits claiming malpractice will be filed in the state trial court where the alleged malpractice took place. However, federal courts could have jurisdiction in certain situations. A case can be brought before a federal court in certain circumstances. For instance it could be an issue regarding a statute of limitation or in the event that the parties have different citizenships. Additionally, some cases are resolved through binding arbitration that is voluntary. This is a less formal procedure involving professional decision makers that is intended to save costs, speed up legal proceedings, and eliminate the risk of overly generous juries. Arbitration is not available in all cases of malpractice.

Dosage of a drug that is incorrect

Medication errors, also referred to as medication errors, are one of the main reasons for medical malpractice suits. They can result from a doctor prescribing the wrong medication or administering the wrong dosage to patients. These errors are typically preventable. According to the circumstances, a hospital, its staff, a pharmacist or other health professionals may be held liable for the injuries sustained by the patient who received the wrong dosage of a drug.

A doctor could prescribe wrong medication to a patient because of an inaccurate diagnosis or simply by misreading the prescription. A health care professional may also administer the incorrect dosage because of a glitch in communication. For instance nurses may not read a doctor's prescription correctly or a pharmacist could make a mistake when filling the prescription. In other instances the doctor may delay the proper medication to the patient, which could result in their condition worsening.

To win an action for Malpractice Litigation malpractice, a victim must show that the medical professional violated their duty of care and that negligence directly caused their injuries. This requires medical experts to testify. Medical malpractice attorney cases also must prove the extent and damages of the victim's injuries. This includes the cost of treatment for a patient and any lost wages. The greater the loss is, the more valuable of the claim.

The wrong procedure

It might seem absurd that medical professionals could perform the wrong procedure on a patient, but this type of mishap is quite common. The surgeon who makes this mistake could be held accountable for negligence. A patient who is injured as a result of a surgical error may be held liable for any mistakes that were made during the procedure.

Any health care professional who is accused of negligence must prove that the patient was hurt by a specific action or failure to act. To prove this the legal team representing the patient must prove that: (1) the doctor was in a duty to provide care or treatment; (2) that the doctor breached this duty; (3) that there is a direct and causal connection between the breach and the injury; and (4) that the injury causes damages which the legal system has the power to be able to address.

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

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

Wrong Surgery

The wrong-site surgery is a common mistake, but it could be considered medical malpractice claim when the procedure is performed on the wrong side of the body. This type of error is usually caused by a lack of communication between the surgical team, or due to production pressures that lead to the surgeon performing several surgeries to perform at the same time. In these situations the surgeon isn't all-in on his responsibility for a surgery that was performed on the wrong site due to a legal principle called "res ipsa loquitur" which means that the outcome of the error speaks for itself and can be attributed to negligence.

If a patient is injured as a result of surgery done on the wrong location and is injured, they may require additional procedures to correct problems exacerbated due to the surgical error. This could result in expensive medical bills for patients and their families. These costs should be considered when calculating the financial impact of medical malpractice lawsuits.

Most often, surgeons are held responsible for surgical errors. They are accountable in preparing the patient prior to the procedure, as well as checking the medical record and chart of the patient, coordinating with the rest of the medical staff, and making sure that the incision was placed at the correct location. However, in certain instances hospitals or anesthesiologists may also be liable. Medical malpractice settlement claims are generally filed in state court, however, they can be transferred under certain circumstances to federal court.