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Common Causes of malpractice law firm Litigation

Malpractice litigation involves a complex procedure. If a patient can demonstrate four factors, it will determine whether or not the mistake is a case of malpractice. These are: a professional obligation; a breach of that duty; an injury resulting from this breach; and quantifiable damages.

Plaintiffs must also prove these elements with evidence like expert testimony, depositions, and discovery.

The wrong diagnosis and the inability to recognize

Failure to identify an illness or injury accurately can lead to serious complications, or death. A large number of medical malpractice cases involve incorrect diagnosis. To prove negligence, a person or their lawyer must prove that an experienced doctor in similar circumstances would not have misdiagnosed an illness.

A misdiagnosis is not always malpractice. Even highly skilled and experienced doctors make mistakes. Therefore, any claim of malpractice has to be supported by other factors like breach, proximate causation and actual injury. For instance the case where a physician does not take the time to sterilize their equipment prior to giving anesthesia to a patient and they develop an infection because of it the doctor may be guilty of malpractice.

Lawsuits alleging malpractice are typically filed in state trial courts where the alleged error occurred. Federal courts can be able to hear cases in certain circumstances. A claim can be brought before a federal court in certain circumstances. For instance, it may involve disputes over the statute of limitations or when the parties are of different nationalities. Some claims are settled by binding voluntary arbitration. This is a non-formal procedure which involves professionals who make the decisions. It is designed to lower costs, speed up legal process, and reduce the risk of overly large juries. However, arbitration isn't accessible for all malpractice claims.

Wrong Drug Dosage

Medication errors--also called medication mistakes--are one of the most common causes of medical malpractice lawsuits. They can result from a doctor writing a prescription incorrectly or delivering the wrong dose to a patient. These errors are usually avoidable. In certain circumstances the hospital or its staff, a pharmacist or other health professionals could be held accountable for the harms suffered by patients who were given the wrong drug dosage.

A doctor might prescribe the wrong medication as a result of a misdiagnosis, or simply misreading the prescription. A health care provider can also give the wrong dosage due to a breakdown in communication. For example, a nurse may not read a doctor's prescription correctly or a pharmacist might fail to fill the prescription. In other situations, a doctor could delay the administration of the correct medication to the patient, which could result in their condition deteriorating.

To win a malpractice lawsuit, a victim must prove that the medical professional did not meet their duty of care and that negligence directly caused their injuries. This requires the testimony of a medical expert. Medical malpractice cases also must establish the extent and damages of the victim's injuries. This includes the costs of treatment for the victim as well as any lost wages. Generally, the greater a person's losses are then, the more valuable the claim will be.

The wrong procedure

This type of incident is not uncommon. It may seem like a challenge for medical professionals to perform the incorrect procedure on patients, but it does happen. If a surgeon makes this mistake could be held liable for malpractice. However the patient who is injured due to a surgical error could also be held accountable for any negligence that occurred on the path to the procedure.

Any health care professional who is alleged to be negligent must prove that the patient was harmed through a specific act or inaction. To prove this the legal team of the patient must prove: (1) that the doctor was obligated to provide care or treat 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 injuries result in damages that the legal system can address.

A breach of the duty of care has no significance unless it causes injury, which is the reason medical malpractice lawsuits are generally founded on a legal principle called "res ipsa loquitur." This law says that, in a majority of cases certain injuries are evident and obvious that they cannot be explained except by negligence.

Based on the facts of the situation, the plaintiff (the patient or their legally appointed representative) or their attorney can present the claim to state or federal court. Most malpractice cases are filed in state court. However, in certain situations, a medical malpractice lawsuit can be brought in federal district court.

Wrong Surgery

Wrong-site surgery is a rare error, but it may be considered medical malpractice when the procedure is carried out on the wrong portion of the body. This type of error is usually due to miscommunication between members of a surgical team, or production pressure that leads to an individual surgeon being assigned multiple surgeries at once. In these situations the surgeon isn't the only one with responsibility for a surgical error that is not performed correctly since there is an underlying legal principle referred to as "res ipsa loquitur" which means that the outcome of the error speaks for itself and cannot be attributed to negligence.

If a patient gets injured by wrong-site surgery the patient may require additional procedures to repair problems exacerbated due to the surgical error. This could result in expensive medical expenses for patients as well as their families. These expenses should be considered when calculating the financial consequences of medical malpractice claims.

Most often surgeons are held accountable for surgical mistakes. They are responsible in preparing the patient for surgery, reviewing the medical records and chart of the patient, coordinating with the medical staff, and ensuring that the incision was placed in the proper location. In some instances, a hospital or anesthesiologist can also be held liable. Medical malpractice lawsuits are usually filed in state courts. However, in certain situations, they can be transferred to federal courts.