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Common Causes of Malpractice Litigation

The process of bringing a malpractice lawsuit is a complex procedure. If a patient is able to prove four elements, it will decide whether or not the error is a case of malpractice. These are: a professional obligation and a breach of that duty; an injury resulting from the breach; and measurable damages.

Plaintiffs must also prove these elements through evidence such as expert testimony, depositions, and discovery.

Misdiagnosis and Failure to Diagnose

The failure of a physician to diagnose an illness or injury can result in serious complications or even death. Many medical malpractice cases involve misdiagnosis. To prove negligence, a person or their lawyer must demonstrate that a seasoned doctor in similar circumstances would not have misdiagnosed a problem.

A misdiagnosis is not always Hinesville Malpractice Lawsuit. Even the most experienced and highly trained doctors make mistakes, and a claim of beaver malpractice attorney must be supported by other elements such as breach, proximate causation and actual injury. For instance when a doctor fails to properly clean their equipment prior the time they administer anesthesia and the patient develops an infection because of it, the doctor could be liable for malpractice.

Lawsuits that claim malpractice are usually filed in state trial courts where the alleged error occurred. Federal courts may be able to handle the case in certain situations. A case may be brought before a federal court under certain circumstances. For example it could involve an issue regarding the statute of limitations or if the parties are of different citizenships. In other cases, certain claims are resolved through binding arbitration that is voluntary. This is a less formal procedure that is governed by professional decision makers. It is designed to lower costs, speed up legal proceedings, and eliminate the risk of overly large juries. Arbitration is not available in all cases of misconduct.

The wrong dosage of medication

Medication errors are one of the main causes of medical malpractice lawsuits. They can result from a doctor writing a prescription that is not correct or administering the wrong dosage to patients. These errors are usually preventable. In the event of an incident the pharmacy, hospital or other health care provider could be held responsible for injuries caused by patients who were given the wrong dose of a medication.

A doctor might prescribe the wrong medication to a patient as a result of an incorrect diagnosis or simply due to a misreading of the prescription. A health professional could also give the wrong dosage because of a glitch in communication. For example nurses might take a doctor's prescription and read it incorrectly or a pharmacist may make a mistake when filling the prescription. In other instances the doctor may delay delivering the correct medication, which could cause the patient's illness to worsening.

To be successful in a malpractice case, a victim must prove that the medical professional breached their duty of care and that negligence directly caused their injuries. This requires the testimony of a medical expert. Furthermore, a medical negligence claim must establish the extent of the injuries suffered by a victim and the damages they sustained because of the negligence. This includes the costs of treatment as well as any wages lost. The more money you lose of the claim, the greater the value of the claim.

Incorrect Procedure

This kind of situation is not unusual. It might seem impossible for medical professionals to perform the incorrect procedure on patients however, it happens. If a surgeon makes this error may be held responsible for negligence. However those who are injured due to a surgical error could also be held accountable for any negligence that occurred along the way to the procedure.

Any health professional who is accused of negligence must prove that the patient was injured by a specific action or inaction. To establish this the legal team representing the patient must demonstrate that: (1) the doctor had the obligation to provide medical care or treatment; (2) that the doctor breached the duty of care; (3) that there is a direct causal link between the breach and the injury and (4) that the injury results in damages that the legal system could address.

A breach of duty of care has no significance unless it results in injury. This is the reason why medical malpractice cases tend to be founded on the legal doctrine "res ipsa locquitur" which says that certain injuries are so obvious they can only be explained through negligence.

Depending on the circumstances, the plaintiff (the person who filed the claim or their legal representative) or their attorney may decide to file a lawsuit in state or federal court. The majority of malpractice cases are filed in state courts, however in certain situations the medical negligence lawsuit may be filed in federal district court.

Wrong Surgery

The wrong-site surgery is rare but it could be considered medical malpractice when the procedure is performed in the wrong part of your body. This type of error is usually the result of 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, a surgeon is not solely responsible for a misplaced operation because of the legal principle of "res ipsa locquitur", which states that the result speaks for itself and cannot be attributed to negligence.

If the patient is injured during an improper procedure and is injured, they may require additional procedures to fix issues that were caused by the mistake. Patients and their families are left with expensive medical bills. It is crucial to keep these costs in mind when calculating the financial impact of medical malpractice lawsuits.

Surgeons are most often accountable for surgical errors as they are the ones who are responsible for preparing for the operation as well as double-checking the patient's charts and medical records, communicating effectively with other members of the medical team and making sure that the incision has been placed at the right place. However, in some cases hospitals or anesthesiologists may also be held responsible. Medical malpractice cases are typically filed in state courts, however, in certain situations they may be transferred to federal court.