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Common Causes of Malpractice Litigation

Malpractice litigation can be a difficult procedure. If a person can prove four elements, it will decide whether or not the mistake is a case of malpractice. These are professional obligation or breach of that duty; an injury resulting from this breach; and quantifiable damages.

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

The wrong diagnosis and the inability to recognize

The failure of a physician to correctly diagnose an illness or injury can result in serious complications or even death. Many medical malpractice cases involve mistaken diagnosis. To establish negligence, a patient or their lawyer must show that a qualified doctor in similar circumstances would not have misdiagnosed an illness.

Not every misdiagnosis is negligence, but. Even highly trained and experienced doctors make mistakes. Therefore, the claim of malpractice must be backed by other elements such as breach, proximate causality and actual injury. For instance, if a physician fails to properly sterilize their equipment prior to administering anesthesia and the patient suffers an infection because of it the doctor may be liable for malpractice.

In the majority of cases, lawsuits alleging malpractice will be filed in the state trial court where the alleged misconduct occurred. However, federal courts may have jurisdiction in certain situations. A case can be brought before a federal court in specific circumstances. For example it could involve the issue of the statute of limitations or when the parties have different citizenships. Additionally, some cases are settled through voluntary binding arbitration. This is a less formal process that involves professionals who make the decisions. It is intended to save costs, speed up legal proceedings and remove the risk of overly generous juries. Arbitration is not always available in cases of malpractice lawyers.

Dosage of a drug that is incorrect

Medication errors are among the most common causes of medical malpractice lawsuits. They can be the result of a doctor writing a prescription that is not correct or administering the wrong dosage to the patient. These errors are often preventable. Depending on the circumstances the hospital, its staff, a pharmacist or other health care professionals may be held liable for the harms suffered by a patient who was prescribed the wrong dose of medication.

A doctor could prescribe wrong medication to a patient as a result of an inaccurate diagnosis or simply by misreading the prescription. A health care provider can also give the wrong dosage because of a glitch in communication. For example nurses may read a doctor's script incorrectly or a pharmacist might fail to fill the prescription. In other instances the doctor may delay the administration of the correct medication, which could result in the patient's health getting worse.

To prevail in an action for malpractice, a victim must prove that the medical professional breached their standards of care and that the negligence directly contributed to their injuries. This requires testimony from a medical expert. In addition, a medical mishap case must demonstrate the extent of the victim's injuries and the damage they sustained as a result of the negligence. This includes the cost of treatment and any lost wage. The more money you lose of the claim, the greater the value of the claim.

Incorrect Procedure

This type of incident is not unusual. It may seem like a challenge for medical professionals to carry out the incorrect procedure on patients, but it's true. If a surgeon makes this mistake could be held responsible for malpractice. A patient who is injured as a result of an error in surgery could be held liable for any errors that occured during the procedure.

A health care professional accused of malpractice must demonstrate that the patient was injured as a result of the specific act or inability to act. To prove this, the legal team of the patient has to prove: (1) that the doctor was obligated to treat or provide care to the patient; (2) that he violated his duty; (3) that a causal link exists between the breach and the injury and (4) the injury results in damages which the legal system may address.

A breach of the duty of care has no significance unless it causes injury this is why medical malpractice lawsuits are generally based on a legal doctrine known as "res ipsa loquitur." This law states that, in a majority of cases certain injuries are so obvious and recognizable that they are only explained by negligence.

Depending 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, under certain circumstances medical malpractice lawsuits could be filed in federal district court.

Wrong Surgery

Surgery performed on the wrong site is a very rare mistake, but it could be considered medical negligence if the procedure is carried out on the wrong portion of the body. This type of error is usually caused by miscommunications between members of the surgical team or production pressures that result in surgeons having multiple surgeries scheduled at the same time. In these situations, the surgeon is not alone in his or her responsibility for an incorrect-site procedure due to the legal principle known as "res ipsa loquitur" which means that the consequence of the error is evident and can only be attributed to negligence.

If someone is injured during an operation that was performed on the wrong site and is injured, they may need additional procedures to correct problems that were aggravated by the mistake. Patients and their family members are left with hefty medical bills. These expenses must be considered when calculating the financial impact of medical malpractice claims.

Surgeons are often accountable for surgical errors because they are the ones who are responsible for making preparations for the operation as well as double-checking the patient's charts and medical records, coordinating effectively with other members of the medical team, and making sure the incision is done at the correct place. However, in some instances an anesthesiologist or hospital may be held accountable. Medical malpractice claims are typically filed in state courts, but may be transferred in certain circumstances to federal court.