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Common Causes of Malpractice Litigation

secaucus malpractice law firm litigation can be a difficult procedure. If an error constitutes malpractice depends on whether the patient is able to prove four legal elements that include a professional obligation and breach of this duty; harm due to the breach and the possibility of quantifiable damages.

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

Misdiagnosis or Failure to Diagnose

Failure to diagnose an injury or illness accurately can lead to serious complications, or death. It is a typical reason for medical negligence. To show negligence, the patient or their lawyer must prove that a skilled doctor in similar circumstances would not have misdiagnosed a problem.

A misdiagnosis is not always negligence. Even highly experienced and trained doctors make mistakes. Therefore, a claim for malpractice must be backed by other elements, such as breach, proximate cause and actual injury. For instance the case where a physician fails to properly clean their equipment prior the time they administer anesthesia and the patient develops an infection as a result the doctor could be found to be negligent.

The majority of lawsuits involving malpractice are filed in state trial courts where the alleged malpractice occurred. Federal courts can however have jurisdiction in certain instances. For example, a claim could be filed in federal court if it is an issue regarding the statute of limitations or when there is a substantial variety of citizenship among the parties involved in the case. Some claims can be settled through voluntary binding arbitration. This is a less-formal process that involves professional decision makers. It is designed to reduce costs, speed up legal process, and reduce the risk associated with overly generous juries. Arbitration is not available in all instances of misconduct.

Wrong Drug Dosage

Medication errors, also known as medication mistakes, are one of the most common causes of medical malpractice suits. These errors could be caused by a doctor writing a prescription in the wrong format or giving the patient the incorrect dosage. These mistakes are usually avoidable. According to the circumstances the situation, a pharmacist, a hospital or other health care providers could be held responsible for the harm caused by an individual who took the wrong dosage of a medication.

A doctor could prescribe the wrong medication because of a misdiagnosis or by simply failing to read the prescription. A health care provider can also give the wrong dosage due to a breakdown in communication. For example nurses may take a doctor's prescription and read it incorrectly or a pharmacist might fail to fill the prescription. In other cases doctors may delay the proper medication to the patient, which could result in their condition worsening.

To be successful in a centennial malpractice law firm lawsuit, a victim must prove that the medical professional breached their standard of care and that their negligence directly led to their injuries. This requires medical experts to be able to testify. Moreover, a medical malpractice claim must establish the extent of the injuries suffered by a victim and the damages they suffered as a result of the negligence. This includes the cost of treatment as well as any lost wages. The greater loss is in the greater value of the claim will be.

Wrong Procedure

It may seem impossible for medical professionals to perform the incorrect procedure on a patient, however, this kind of thing does occur. A surgeon who makes this kind of error could be held responsible for negligence. However the patient who is injured as a result of a surgical error can also be held accountable for any negligence that occurred during the process.

A health professional accused of negligence must prove that the patient was injured because of an action or inability to perform the act. To establish this, the patient's legal team must demonstrate that: (1) the doctor was bound by a duty to provide care or treatment; (2) that the doctor breached this 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 is able to address.

A breach of duty of care is no meaning unless it results in injury. This is the reason medical malpractice cases are usually built on the legal principle "res ipsa locquitur" which says that certain injuries are so obvious that they can only be explained through negligence.

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

Wrong Surgery

A wrong-site procedure is a rare error, but it can be considered medical malpractice if the procedure is performed on the wrong area of the body. This kind of error is usually caused by a lack of communication between members of the surgical team or production pressures that lead to the surgeon performing several surgeries to perform at the same time. In these cases the surgeon isn't solely responsible for his or her responsibility for a surgery that was performed on the wrong site due to a legal principle called "res ipsa loquitur" which means that the consequence of the error is evident and cannot be attributed to negligence.

If an individual is injured in a wrong-site procedure and is injured, they may require additional procedures to rectify problems that were aggravated by the error. This can result in high medical expenses for patients and their families. These expenses must be taken into consideration when calculating the financial consequences of medical malpractice lawsuits.

The majority of times surgeons are accountable for surgical errors. They are accountable in preparing the patient for the procedure, as well as checking the medical records and charts of the patient, coordinating with the medical staff, and ensuring that the incision was placed in the proper location. However, in some cases an anesthesiologist or a hospital could be held accountable. Medical malpractice claims are typically filed in state court, however, they can be transferred under certain circumstances to federal court.