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Common Causes of Malpractice Litigation

Malpractice litigation involves a complex process. The degree to which an error is considered to be malpractice is dependent on the ability of the patient to establish four legal elements that include a professional obligation breach of this duty; harm resulted from the breach and damages that can be quantifiable.

Plaintiffs must also prove the elements using evidence, such as expert testimony and depositions.

Incorrect diagnosis and inability to diagnose

The inability of a doctor to correctly diagnose an illness or injury can result in grave complications, or even death. Many medical malpractice cases involve misdiagnosis. To establish negligence, a patient or their lawyer must show that a skilled doctor in similar circumstances would not have misdiagnosed the condition.

Every misdiagnosis can be considered to be malpractice, however. Even highly experienced and trained doctors make mistakes. Therefore, any claim of malpractice must be backed by other elements such as breach, proximate cause or actual injury. For example If a doctor does not take the time to clean their equipment prior the time they administer anesthesia, and the patient develops an infection because of it the doctor may be guilty of malpractice attorney.

Lawsuits that claim malpractice are usually filed in state trial courts where the alleged misconduct occurred. However, federal courts may be able to hear cases in specific circumstances. A claim may be filed before federal court in certain circumstances. For instance it could be disputes over a statute of limitation or if the parties are of different citizenships. Some claims can be settled through voluntary binding arbitration. This is a non-formal procedure which involves professionals who make the decisions. It is designed to lower expenses, speed up the legal process, and remove the risk that comes with large juries. However, arbitration isn't accessible for all malpractice claims.

Dosage of a drug that is incorrect

Medication errors, also referred as medication mistakes are among the most common causes of medical malpractice lawsuits. These errors could be caused by a doctor who has submitted a prescription in a wrong format or giving the patient the wrong dosage. These errors are often preventable. In the event of an incident, a pharmacy, a hospital or other health care provider could be held responsible for the injuries caused by an individual who took the wrong dosage of a medication.

A doctor might prescribe the wrong medication to a patient because of an inaccurate diagnosis or simply due to a misreading of the prescription. A health professional may also prescribe the wrong dosage because of an issue with communication for instance, when the nurse reads a doctor's handwritten script incorrectly or the pharmacist makes a mistake in filling out the prescription. In other instances the doctor might delay the proper medication, which can cause the patient's condition to worsening.

In order to be successful in a malpractice case, a victim must demonstrate that the medical professional acted in breach of their standard of care, and that the negligence directly caused the injuries. This requires the testimony of a medical expert. A medical malpractice case must prove the severity and severity of the victim's injuries. This includes the costs of treatment as well as any lost wages. In general, the greater a loss is in the greater value of the claim will be.

Wrong Procedure

It might seem absurd that medical professionals would perform the incorrect procedure on a patient however, this type of event does occur. The surgeon who makes the mistake could be held accountable for negligence. If a patient is injured due to an error during surgery may be held accountable for any error that occurred during the procedure.

A medical professional accused of malpractice must demonstrate that a patient was injured by a specific act, or failure to take action. To prove this the legal team representing the patient must prove: (1) that the doctor was required to care for or treat the patient; (2) that he breached that duty; (3) that a causal connection exists between the negligence and injury and (4) the harm results in damages that which the legal system may address.

A breach of the duty of care is insignificant unless it causes injury, which is the reason medical malpractice claims are typically founded on a legal principle called "res ipsa loquitur." This law states that, in many instances certain injuries are obvious and evident that they can only be explained through negligent actions.

Depending on the circumstances of the case, the plaintiff (the patient or their legally appointed representative) or their lawyer may present the claim to federal or state court. The majority of malpractice cases are filed in state courts, however in certain circumstances, a medical negligence lawsuit may be filed in federal district court.

Wrong Surgery

A wrong-site procedure is a rare error, but it may be considered medical negligence if the procedure is carried out on the wrong portion of the body. This kind of error is often the result of miscommunication between the members of a surgical team or production pressure that results in the surgeon being assigned multiple surgeries at the same time. In these cases, the surgeon is not all-in on his responsibility for a surgical error that is not performed correctly because there is the legal principle known as "res ipsa loquitur" which means that the outcome of the error is evident and can only be attributed to negligence.

When a patient is injured during surgery that is performed on the wrong site it is possible that he or she will require additional treatments to correct problems that are aggravated by the surgical error. Patients and their families are left with costly medical bills. It is essential to take these costs into account when calculating the financial impact of medical malpractice claims.

Surgeons are often held accountable for surgical errors since they are the ones who are responsible for preparing for the operation and double-checking the patient's medical chart and medical records, communicating effectively with other members of the medical team, and making sure that the incision has been placed at the right place. In certain instances hospitals or anesthesiologists can also be held liable. Medical malpractice claims are generally filed in state courts, however, under certain circumstances they may be transferred to federal court.