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Common Causes of Malpractice Litigation

The process of bringing a malpractice lawsuit is a complex procedure. The question of whether or not an error is malpractice based on the ability of the patient to establish four legal elements that include a professional obligation; breach of this duty; injury resulting from the breach; and tangible damages.

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

Incorrect diagnosis and failure to diagnose

A physician's inability to diagnose an illness or injury can result in grave complications, or even death. It is a typical reason for medical malpractice. To prove negligence, the patient or their attorney must demonstrate that a competent physician under similar circumstances and working in the same area would not have misdiagnosed the problem.

Every misdiagnosis can be considered to be an error, but. Even the most skilled and trained doctors make mistakes, therefore the claim of malpractice must be supported by other elements such as breach, proximate causation and actual injury. If a doctor fails sterilize his equipment before administering anesthesia and the patient develops an infection as a result of this, the doctor may be found to be negligent.

The majority of lawsuits involving malpractice lawyer are filed in state trial courts, where the alleged malpractice occurred. Federal courts can be able to handle the case in certain situations. For instance, a lawsuit may be brought in federal court if it involves disputes over the time limit for filing a claim or if there is a substantial variety of citizenship among the parties in the case. 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 cut expenses, speed up the legal process, and reduce the risk of overly generous juries. Arbitration is not available in all cases of malpractice.

Dosage of a drug that is incorrect

Medication mistakes, also referred to as medication errors, are among the most common causes of medical malpractice lawsuits. These errors can be caused by a doctor who has submitted prescriptions in the wrong format or giving the patient the wrong dosage. These errors are generally preventable. According to the circumstances the hospital staff member, a pharmacist or other health professionals could be held accountable for the injuries suffered by the patient who received the wrong drug dosage.

A doctor may prescribe the wrong medication because of a misdiagnosis, or simply misreading the prescription. A health care professional could also prescribe the wrong dosage because of a breakdown in communication for instance, when a nurse reads a doctor's handwritten script incorrectly or the pharmacist is mistaken in filling the prescription. In other situations the doctor may delay the proper medication to the patient, which could result in the patient's condition getting worse.

In order to be successful in a malpractice lawsuit, a victim must prove that the medical professional acted in breach of their duty of care and that the negligence directly contributed to their injuries. This requires testimony from a medical expert. Medical malpractice cases also must establish the extent and damages of the victim's injuries. This includes the cost of treatment and any lost wages. The greater the loss is, the more valuable of the claim.

Incorrect Procedure

This kind of situation is not unusual. It may seem like a challenge for medical professionals to carry out the wrong procedure on patients, however, it happens. A surgeon who commits the mistake could be held accountable for malpractice. If a patient is injured due to an error in surgery could be held responsible for any errors that occured during the procedure.

A health professional accused of malpractice must demonstrate that a patient was injured by the specific act or failure to perform the act. To establish this the legal team of the patient must prove that (1) the doctor had an obligation to provide care or treatment; (2) that the doctor violated that duty; (3) that there is a direct causal relationship between the breach and the injury; and (4) that the injury results in damages that the legal system could resolve.

A breach of the duty of care is meaningless unless it causes injury, that's why medical malpractice claims are usually made based on a law called "res ipsa loquitur." This law states that, in the majority of cases, certain injuries are so evident and obvious that they can only be explained by negligent acts.

Based on the circumstances, the plaintiff (the person who filed the claim or their legal representative) or their lawyer may decide to file the claim in federal or state court. Most malpractice cases are filed in state court, however in certain situations, a medical malpractice lawsuit may be filed in federal district court.

Wrong Surgery

The wrong-site surgery is a common error, but it may be considered medical negligence if the procedure is performed on the wrong part of the body. This kind of error usually occurs as caused by miscommunication between members of a surgical team, or production pressure that leads to a surgeon being assigned multiple surgeries at once. In these instances the surgeon isn't the only one with responsibility for a surgical error that is not performed correctly because there is a legal rule known as "res ipsa loquitur" which means that the consequence of the error speaks for itself and cannot be attributed to negligence.

If the patient is injured during an improper procedure, he or her may require additional procedures to rectify issues that were caused by the mistake. Patients and their families are left with costly medical bills. These expenses should be taken into consideration when calculating the financial consequences of medical malpractice lawyer lawsuits.

The majority of times, surgeons are held responsible for surgical errors. They are responsible to prepare the patient for the procedure, examining the medical records and chart of the patient, communicating with the rest of the medical team, and ensuring that the incision was made in the proper location. In certain instances an anesthesiologist or hospital may also be held responsible. Medical malpractice cases are usually filed in state court but can be transferred under certain circumstances to federal court.