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Common Causes of Malpractice Litigation

Malpractice litigation involves a complex procedure. If a person can prove four elements, it will determine whether or not the mistake is malpractice. These are the following: a professional obligation; a breach of that duty; a loss resulting from the breach; and measurable damages.

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

Misdiagnosis or Failure to Diagnose

Inability to recognize an injury or illness correctly can result in serious complications, or death. A large number of medical malpractice cases involve incorrect diagnosis. To prove negligence the patient or their lawyer must demonstrate that a competent doctor under similar circumstances and working in the same field would not have missed the diagnosis.

Misdiagnosis does not always constitute malpractice. Even experienced and highly trained doctors can make mistakes. Therefore, a claim of malpractice attorney must be backed by other elements such as breach, proximate cause and actual injury. If a physician fails to sterilize his equipment prior to administering anesthesia, and the patient is infected as a result of this, the doctor may be found to be negligent.

In most cases, lawsuits that allege malpractice will be filed in the state trial court where the alleged malpractice took place. However, federal courts may be able to hear cases in specific circumstances. A claim may be filed before a federal court under certain circumstances. For example it could involve a dispute about a statute of limitation or when the parties have different nationalities. In other cases, certain claims are resolved through binding arbitration that is voluntary. This is a non-formal procedure which involves professionals who make the decisions. It is designed to reduce expenses, speed up the legal proceedings, and eliminate the risks associated with generous juries. However, arbitration is not available for all malpractice attorney claims.

Dosage of a drug that is incorrect

Medication errors, also referred as medication mistakes are among the main causes of medical malpractice suits. These errors can be caused by a physician who writes a prescription in the wrong format, or giving the patient the incorrect dosage. These mistakes are usually avoidable. Depending on the circumstances, a hospital, its staff, a pharmacist or other health care providers may be held liable for the injuries of a patient who was given the wrong dosage of medication.

A doctor may prescribe the wrong medicine because of a misdiagnosis or simply misreading the prescription. A health professional can also administer the wrong dosage due to a breakdown in communication. For instance, a nurse may take a doctor's prescription and read it incorrectly or a pharmacist might make a mistake when filling the prescription. In other instances, the physician may delay the administration of the correct medication, which could cause the patient's illness to getting worse.

To win an action for 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 be able to testify. Medical malpractice cases also must establish the extent and damage of the victim's injuries. This includes the cost of treatment for the victim as well as any wages lost. The greater the loss is, the more valuable of the claim.

Unskillful Procedure

It's not likely for medical professionals to perform the incorrect procedure on a patient, however, this kind of thing can occur. A surgeon who commits this mistake can be held accountable for malpractice. Patients who are injured because of an error in surgery could be held responsible for any error that occurred during the procedure.

Any health care professional who is alleged to be negligent must show that the patient was hurt through a specific act or failure to act. To prove this, the legal team of the patient must show: (1) that the doctor was obligated to care for malpractice or treat the patient; (2) that he breached that duty; (3) that a causal connection exists between the breach and the injury and (4) the harm results in damages that the legal system could address.

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

Depending on the circumstances of the situation, the plaintiff (the patient or their legally designated representative) or their attorney may file the claim in federal or state court. Most malpractice cases are filed in state courts, however in certain circumstances, a medical malpractice case could be filed in federal district court.

Wrong Surgery

The procedure that is performed on the wrong site is not common, but can be considered medical malpractice if the procedure is performed in the wrong area of your body. This kind of error is typically due to miscommunication between the members of a surgical team, or production pressure that results in the surgeon being assigned multiple surgeries at one time. In these cases the surgeon isn't all-in on his responsibility for a surgical error that is not performed correctly because there is an underlying legal principle referred to as "res ipsa loquitur" which means that the result of the error is evident and cannot be traced to negligence.

If an individual is injured in an operation that was performed on the wrong site the patient may require additional procedures in order to correct problems that were made worse by the error. Patients and their families are left with high medical bills. It is crucial to consider these costs when calculating the financial cost of medical malpractice lawsuits.

The majority of times surgeons are liable for surgical mistakes. They are responsible to prepare the patient for the procedure, checking the medical records and chart of the patient, communicating with the rest of the medical staff, and making sure that the incision was placed in the proper location. However, in some cases a hospital or anesthesiologist may also be held responsible. Medical malpractice claims are generally filed in state courts, but can be transferred under certain circumstances to federal court.