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Common Causes of Malpractice Litigation

Malpractice litigation is a complicated process. If a patient can demonstrate four elements, it will be able to determine whether or not the mistake is a case of malpractice. These are the following: a professional obligation and a breach of that duty; a loss resulting from this breach; and measurable damage.

Plaintiffs must also demonstrate these elements with evidence such as expert testimony, depositions, or discovery.

Incorrect diagnosis and failure to diagnose

Failure to identify an injury or illness in a timely manner could lead to serious complications, or death. Misdiagnosis is a common cause of medical negligence. To prove negligence, a person or their lawyer must demonstrate that an experienced doctor in similar circumstances would not have misdiagnosed a problem.

A misdiagnosis is not always malpractice. Even the most skilled and trained doctors make mistakes, therefore an allegation of malpractice needs to be backed by other elements like breach, proximate causation and actual injury. If a doctor fails sterilize his equipment before administering anesthesia and the patient develops an infection due to this, the doctor might be guilty.

In most instances, lawsuits claiming that there was a mistake will be filed in the state trial court in which the alleged misconduct occurred. However, federal courts could have jurisdiction under limited circumstances. A claim may be filed before a federal court in specific circumstances. For example, it may involve an issue regarding the statute of limitations or when the parties are of different citizenships. Certain disputes are settled via arbitral arbitration, which is a binding process. This is a non-formal procedure that involves professional decision makers. It is designed to cut costs, expedite the legal process, and reduce the risk that comes with large juries. Arbitration is not always available in cases of malpractice.

Dosage of a drug that is incorrect

Medication errors are one of the main causes of medical malpractice lawsuits. These errors can be caused by a doctor writing prescriptions in a wrong format or giving the patient the incorrect dosage. These errors are usually avoidable. Based on the circumstances, a hospital, its staff, a pharmacist or other health care providers may be held liable for the harms suffered by patients who were given the wrong dosage of a drug.

A doctor could prescribe the incorrect medication to a patient because of an incorrect diagnosis or simply by misreading the prescription. A health professional can also administer the incorrect dosage because of a glitch in communication. For example the nurse might not read a doctor's prescription correctly or a pharmacist might fail to fill the prescription. In other cases the doctor might delay the administration of the correct medication, Malpractice Lawyer which could result in the patient's health getting worse.

A plaintiff must prove in order to prevail on a malpractice claim, that the medical professional violated their standard of practice and that their injuries were directly caused by the negligence. This requires testimony from a medical expert. Furthermore, a medical negligence case must establish the severity of the victim's injuries and the damages they sustained because of the negligence. This includes the cost of treatment and any lost wages. The greater the loss is, the more valuable of the claim.

The wrong procedure

This kind of incident is not unusual. It might seem impossible for medical professionals to carry out the wrong procedure on patients, but it's true. A surgeon who commits this error may be held liable for negligence. However patients who are injured due to a surgical error may also be held liable for any negligence that occurred on the path to the procedure.

Any health care professional who is accused of malpractice lawyer must prove that the patient was injured by a specific act or inaction. To establish this, the legal team of the patient must prove: (1) that the doctor was obligated to provide treatment or care to the patient; (2) that he failed to fulfill his obligation; (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 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 through negligence.

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

Wrong Surgery

The wrong-site surgery is rare but it could be considered medical malpractice in the event that the procedure is carried out in the wrong location of your body. This type of mistake is usually caused by miscommunications between members of the surgical team, or by pressures on production that result in a surgeon having multiple surgeries scheduled at the same time. In these situations the surgeon is not solely responsible for a misplaced operation due to the legal principle of "res ipsa locquitur" which states that the result is a matter of fact and cannot be blamed on negligence.

If a patient is injured during a wrong-site procedure, he or her may require additional procedures to rectify problems that were aggravated due to the error. This leads to costly medical bills for patients and their families. It is essential to keep these costs in mind when calculating the financial costs of medical malpractice claims.

Surgeons are typically found to be responsible for surgical mistakes as they are the ones who are responsible for properly 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 located at the correct location. However, in certain instances hospitals or anesthesiologists may also be accountable. Medical malpractice attorney cases are typically filed in state courts. However, in certain situations they may be transferred to federal courts.