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Common Causes of Malpractice Litigation

The legal process for defending malpractice is a complex procedure. If a patient can prove four elements, it will be able to determine whether or not the error is a case of malpractice. These are professional obligations; a breach of that obligation; a repercussion from the breach; and quantifiable damages.

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

Misdiagnosis or Failure to Diagnose

The failure of a physician to correctly diagnose an illness or injury can result in grave complications, or even death. The misdiagnosis of a patient is a frequent reason for medical negligence. To prove negligence the patient or their attorney must show that a competent doctor in similar circumstances and working in the same specialty would not have misdiagnosed the problem.

Every misdiagnosis can be considered to be an error, but. Even highly experienced and trained doctors can make mistakes. Therefore, a claim of malpractice must be backed by other factors such as breach, proximate causes and actual injury. If a doctor fails to sterilize his equipment prior to administering anesthesia, and the patient becomes infected as a result of this, the doctor could be found to be negligent.

Lawsuits that claim malpractice are usually filed in state trial courts, where the alleged malpractice occurred. However, federal courts might have jurisdiction in certain situations. A case may be brought before a federal court in certain circumstances. For instance, it may involve an issue regarding the statute of limitations or if the parties are of different citizenships. Certain disputes are settled through arbitration that is binding and voluntary. This is a less formal procedure with professional decision makers. It is intended to save costs, expedite legal proceedings, and eliminate the risk of overly generous juries. However, arbitration is not accessible for all malpractice claims.

Dosage for a drug that is not correct

Medication errors, often referred to as medication mistakes, are one of the main reasons for medical malpractice suits. These errors could be caused by a physician who writes prescriptions in the wrong format, or giving the patient the wrong dosage. These mistakes are usually avoidable. According to the situation an individual pharmacy, hospital or other health care provider could be held responsible for the harm caused by a patient who was given the wrong dose of a drug.

A doctor might prescribe the wrong medication because of a misdiagnosis or Malpractice Lawyers by simply failing to read the prescription. A health professional could also prescribe the wrong dosage due to a breakdown in communication. For example nurses might not read a doctor's prescription correctly or a pharmacist may fail to fill the prescription. In other instances doctors may delay the administration of the correct medication to the patient, which could result in their condition becoming worse.

A victim must prove, for the sake of winning a malpractice claim that the medical professional violated their standard of practice and that their injuries were directly attributed to the negligence. This requires the testimony of a medical expert. Medical Malpractice Lawyers cases also must prove the severity and damage of the victim's injuries. This includes the cost of treatment and any lost wage. In general, the greater a loss is then, the more valuable the claim will be.

The wrong procedure

This kind of incident is not uncommon. It might seem impossible for medical professionals to perform the incorrect procedure on patients however, it happens. A surgeon who commits this mistake could be held responsible for negligence. However, a patient who is injured due to a surgical error could also be held responsible for any negligence that occurred the path to the procedure.

Any health care professional who is accused of negligence must prove that the patient was hurt by a specific action or inaction. To prove this the legal team of the patient must demonstrate: (1) that the doctor was legally obligated to treat or provide care to the patient; (2) that he did not fulfill that duty; (3) that a causal connection exists between the breach and injury and (4) the injury causes damages that the legal system could address.

A breach of the duty of care has no significance unless it causes injury that's why medical malpractice lawsuits are generally made based on a law called "res ipsa loquitur." This law says that, in a majority of cases certain injuries are obvious and evident that they can only be explained by negligence.

Depending on the circumstances of the situation, the plaintiff (the patient or their legally appointed representative) or their attorney may bring the case in state or federal court. Most malpractice lawsuit cases are filed in state courts, however in certain situations, a medical malpractice case may be filed in federal district court.

Wrong Surgery

Wrong-site surgery is a rare mistake, but it could be considered medical malpractice if the procedure is performed on the wrong side of the body. This type of error is often caused by miscommunication between members of a surgical team or production pressure that leads to an individual surgeon being assigned multiple surgeries at once. In these cases the surgeon is not solely responsible for a misplaced operation because of a legal rule known as "res ipsa locquitur" which states that the result is a matter of fact and cannot be attributed to negligence.

If an individual is injured in an improper procedure, he or her may require additional procedures in order to correct problems that were exacerbated due to the error. Patients and their families are left with expensive medical bills. These expenses must be taken into consideration when calculating the financial consequences of medical malpractice lawsuits.

The majority of times surgeons are liable for surgical errors. They are accountable to prepare the patient for the procedure, Malpractice Lawyers as well as checking 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 cases the hospital or anesthesiologist may also be held responsible. Medical malpractice claims are generally filed in state court but can be transferred under certain circumstances to federal court.