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Common Causes of Malpractice Litigation

Malpractice litigation is a tense procedure. The question of whether or not an error constitutes malpractice depends on the ability of the patient to prove four legal elements which include professional duty breach of this duty; harm due to the breach and damages that can be quantifiable.

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

Misdiagnosis and Failure to Diagnose

Inability to recognize an illness or injury accurately can result in serious complications, or death. Many medical malpractice cases involve incorrect diagnosis. To prove negligence, the patient or their attorney must prove that a competent doctor under similar circumstances and in the same specialty would not have misdiagnosed the problem.

There are many misdiagnosis that could be considered malpractice, however. Even highly-trained and experienced doctors are not immune to mistakes. Therefore, a claim for malpractice must be supported with other elements, such as breach, proximate cause and actual injury. If a doctor fails sterilize his equipment prior to administering anesthesia, and the patient is infected as a result of this, he could be liable.

Legal actions claiming malpractice are usually filed in state trial courts, where the alleged misconduct occurred. Federal courts may be able to hear cases in certain instances. For Malpractice Lawyers instance, a case could be filed in federal court if there is an issue regarding the statute of limitations or if there is a substantial variation in the citizenship of the parties to the case. Certain disputes are settled via binding voluntary arbitration. This is a less formal process which involves professionals who make the decisions. It is designed to minimize expenses, speed up the legal process, and reduce the risk of overly generous juries. However, arbitration is not available for all claims of malpractice.

Wrong Drug Dosage

Medication errors, also known as medication errors are among the main causes of medical malpractice suits. These errors could be caused by a doctor who has submitted a prescription in the wrong format, or giving the patient the incorrect dosage. These errors are usually preventable. According to the circumstances the situation, a pharmacist, a hospital or other health care providers could be held responsible for the injuries caused by an individual who took the wrong dose of a medication.

A doctor may prescribe the incorrect medication to a patient as a result of an inaccurate diagnosis or simply by misreading the prescription. A health care provider may also prescribe the wrong dosage because of an interruption 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 cases, a doctor could delay administering the correct medication to the patient, which could result in the patient's condition getting worse.

To win a malpractice case, the victim must demonstrate that the medical professional acted in breach of their duty of care and that their negligence directly led to the injuries. This requires testimony from a medical expert. A medical malpractice case must establish the extent and severity of the victim's injuries. This includes the costs of a person's treatment and any wages lost. The more money you lose, the higher the value of the claim.

Wrong Procedure

It might seem absurd that medical professionals could perform the wrong procedure on a patient, but this type of incident does occur. If a surgeon makes this mistake could be held responsible for malpractice. A patient who is injured because of an error in surgery could be held liable for any errors that occured during the procedure.

Any health professional who is accused of misconduct must show that the patient was hurt by a specific action or inaction. To establish this, the patient's legal team must prove that (1) the doctor was in a duty to provide care or treatment; (2) that the doctor violated that duty; (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 is able to address.

A breach of the duty of care has no significance unless it causes injury, that's why medical malpractice lawsuit claims are usually founded on a legal principle called "res ipsa loquitur." This law states that, in the majority of cases certain injuries are so obvious and recognizable 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 lawyer may present the claim to state or federal court. The majority of malpractice cases are filed in state courts, but in certain circumstances the case of medical negligence could be filed with a federal district court.

Wrong Surgery

The wrong-site surgery is a common error, but it can be considered medical malpractice when the procedure is carried out on the wrong portion of the body. This type of error usually occurs as caused by miscommunication between members of a surgical team or production pressure that results in the surgeon being tasked with multiple surgeries at once. In these situations the surgeon isn't solely responsible for his or her liability for a wrong-site surgery since there is the legal principle known as "res ipsa loquitur" which means that the effect of the error speaks for itself and cannot be attributed to negligence.

If a patient is injured during surgery that is performed on the wrong site the patient may require additional treatments to correct problems caused by the mistake. Patients and their families are left with costly medical bills. These costs should be considered when calculating the financial impact of medical malpractice lawsuits.

Surgeons are often held accountable for surgical errors because they are the individuals who are accountable for prepping for the operation as well as double-checking the patient's charts and medical records, communicating effectively with the other members of the medical team, and making sure the incision is made on the correct site. In some instances hospitals or anesthesiologists could also be held accountable. Medical Malpractice Lawyers claims are generally filed in state courts, but they may be transferred under certain circumstances to federal court.