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Common Causes of Malpractice Litigation

Malpractice litigation is a tense process. If an error is Malpractice lawyers based on whether the patient can establish four legal elements: a professional duty; breach of this duty; injury resulted from the breach and damages that can be quantifiable.

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

The wrong diagnosis or the inability to diagnose

Failure to correctly diagnose an illness or injury accurately could lead to serious complications, or even death. Misdiagnosis is a common reason for medical negligence. To show negligence, the patient or their lawyer needs to prove that a seasoned doctor in similar circumstances would not have misdiagnosed the condition.

The misdiagnosis of a patient does not always mean negligence. Even highly-trained and experienced doctors make mistakes. Therefore, a claim of malpractice must be backed up by other elements like breach, proximate reason and actual injury. For instance, if a physician is not careful to sterilize their equipment prior to administering anesthesia, and the patient develops an infection due to the infection the doctor could be guilty of malpractice.

In most instances, lawsuits claiming that there was a mistake will be filed in the state trial court in which the alleged misconduct occurred. Federal courts can be able to handle the case in certain circumstances. A case can be brought before a federal court in certain circumstances. For example it could be an issue regarding the statute of limitations or when the parties have different citizenships. In other cases, certain claims are settled through voluntary binding arbitration. This is a less formal process which involves professionals who make the decisions. It is designed to reduce expenses, speed up the legal process, and remove the risks associated with large juries. Arbitration is not available in all instances of misconduct.

Dosage for a drug that is not correct

Medication errors, also referred to as medication mistakes, are one of the leading causes of medical malpractice suits. These errors can be caused by a doctor writing a prescription in a wrong format or giving the patient the wrong dosage. These errors are usually avoidable. Depending on the circumstances, a hospital or its staff, a pharmacist or other health care professionals could be held accountable for the injuries sustained by a patient who was given 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 professional could also administer the wrong dosage because of an inability to communicate for example, when nurses read the doctor's handwritten prescription incorrectly or the pharmacist makes an error in filling the prescription. In other instances doctors may delay the proper medication to the patient, which could result in their condition worsening.

A victim must prove, to be successful in a malpractice lawsuit, that the medical professional violated their professional standards and that their injuries were directly caused by the negligence. This requires testimony from a medical expert. A medical malpractice case also must establish the extent and the damages caused by the victim's injuries. This includes the cost of treatment for a patient and any lost wages. The greater the loss the greater the value of the claim.

Incorrect Procedure

It may seem impossible that medical professionals could perform the incorrect procedure on a patient however, this kind of thing can occur. A surgeon who makes the mistake could be held liable for malpractice. A patient who is injured as a result of an error during surgery can be held liable for any negligence that occurred during the procedure.

Any health care professional who is accused of misconduct must show that the patient was hurt due to a specific act or omission to act. To establish this the legal counsel of the patient must show that: (1) the doctor was under the obligation to provide medical 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 deal with.

A breach of the duty of care is meaningless unless it causes injury that's why medical malpractice lawsuits are generally based on a legal doctrine known as "res ipsa loquitur." This law says that, in the majority of cases, certain injuries are so obvious and evident that they cannot be explained except by negligent acts.

Depending on the facts depending on the facts, the plaintiff (the person who filed the claim or their legal representative) or their lawyer may choose to file either in state or federal court. The majority of malpractice law firms cases are filed with state courts, however in certain situations the medical negligence lawsuit may be filed in federal district court.

Wrong Surgery

Surgery performed on the wrong site is a very rare mistake, but it could be considered medical malpractice if the procedure is performed on the wrong area of the body. This type of error is often caused by miscommunications between members of the surgical team, or by production pressures that result in surgeons being assigned several surgeries to perform at the same time. In these instances the surgeon isn't alone in his or her liability for a wrong-site surgery due to the legal principle known as "res ipsa loquitur" which means that the result of the error speaks for itself and cannot be traced to negligence.

When a patient is injured by wrong-site surgery, he or she may require additional procedures to correct problems exacerbated by the mistake. This leads to costly medical bills for patients and their families. It is important to take these costs into account when calculating the financial impact of medical malpractice law firm lawsuits.

Surgeons are most often held liable for surgical errors because they are the individuals who are accountable for making preparations for the operation 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 is placed at the right place. In some instances an anesthesiologist or hospital could also be held accountable. Medical malpractice lawsuits are usually filed in state courts, but under certain circumstances, they can be transferred to federal courts.