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Common Causes of Malpractice Litigation

Malpractice litigation is a tense procedure. If an error constitutes malpractice depends on whether the patient is able to prove four legal elements such as a professional duty and breach of this duty; harm resulting from the breach; and the possibility of quantifiable damages.

Plaintiffs must prove these elements by presenting evidence such as expert testimony, depositions, or discovery.

Incorrect diagnosis and inability to diagnose

A physician's inability to accurately diagnose a disease or injury could result in serious complications or even death. Many medical malpractice cases involve incorrect diagnosis. 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 condition.

A misdiagnosis is not always negligence. Even highly skilled and experienced doctors can make errors. Therefore, a claim for Malpractice Lawyer must be supported with other elements, such as breach, proximate reason and actual injury. If a doctor fails to sterilize his equipment prior to giving anesthesia, and the patient develops an infection because of this, the doctor might be liable.

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 be able to hear cases in specific circumstances. A claim can be brought before a federal court in certain circumstances. For example, it may involve a dispute about the statute of limitations or when the parties are of different nationalities. Certain claims are settled through binding voluntary arbitration. This is a less formal process that is governed by professional decision makers. It is designed to reduce expenses, speed up the legal process, and remove the risks associated with generous juries. Arbitration is not available in all cases of misconduct.

Dosage of a drug that is incorrect

Medication errors--also called medication mistakes--are one of the most common causes of medical malpractice lawsuits. These errors can be caused by a doctor who has submitted a prescription in a wrong format or giving the patient the wrong dosage. These errors are often preventable. According to the circumstances the hospital staff member, a pharmacist or other health care providers may be held liable for the injuries suffered by patients who were given the wrong dosage of medication.

A doctor may prescribe the wrong medicine because of a misdiagnosis, or simply making a mistake in the prescription. A health professional can also give the wrong dosage because of a glitch in communication. For instance nurses may read a doctor's script incorrectly or Malpractice Lawyer a pharmacist may fail to fill the prescription. In other instances the doctor could delay delivering the correct medication, which could lead to the patient's condition worsening.

A person seeking compensation must prove, in order to win a malpractice lawsuit that the medical professional violated their standard of practice and that their injuries were directly caused by the negligence. This requires testimony from a medical expert. Moreover, a medical malpractice case must prove the extent of the victim's injuries and the damages they sustained because of the negligence. This includes the cost of treatment for a patient and any wages lost. Generally, the greater a person's losses are then, the more valuable the claim will be.

Wrong Procedure

It might seem unlikely for medical professionals to perform the wrong procedure on a patient but this type of incident occurs. A surgeon who makes this mistake could be held liable for negligence. A patient who is injured as a result of an error during surgery may be held accountable for any errors that occured during the procedure.

Any health care professional who is accused of misconduct must show that the patient was hurt due to a specific act or failure to act. To establish this, the patient's legal team must prove that (1) the doctor was under an obligation to provide care or treatment; (2) that the doctor did not fulfill this duty; (3) that there is a direct causal link between the breach and the injury and (4) that the injury causes damages that the legal system could deal with.

A breach of the duty of care has no significance unless it causes injury which is why medical malpractice lawsuits are generally built on a legal concept known as "res ipsa loquitur." This law says that, in a lot of instances, certain injuries are so obvious and evident that they cannot be explained except by negligence.

Depending on the facts of the situation, the plaintiff (the patient or their legally designated representative) or their lawyer may file the claim in state or federal court. Most malpractice attorneys cases are filed in state court, however under certain circumstances the medical malpractice lawsuit can be filed in federal district court.

Wrong Surgery

The wrong-site surgery isn't common, but can be considered medical malpractice when the procedure is done in the wrong area of your body. This kind of error is usually caused by miscommunications between members of the surgical team, or by pressures on production that result in surgeons being assigned multiple surgeries at once. In these instances, the surgeon is not the only one with liability for a wrong-site surgery since there is an underlying legal principle referred to as "res ipsa loquitur" which means that the outcome of the error speaks for itself and cannot be traced to negligence.

If an individual is injured in an operation that was performed on the wrong site and is injured, they may require additional procedures in order to correct problems that were made worse by the mistake. This leads to costly medical expenses for the patient and their families. These expenses should be considered when calculating the financial consequences of medical malpractice claims.

Surgeons are most often found to be responsible for surgical mistakes because they are the individuals who are responsible for preparing for the operation, double-checking the patient's chart and medical records, communicating effectively with the other members of the medical team and making sure that the incision is placed at the right place. In some instances, a hospital or anesthesiologist may also be accountable. Medical malpractice lawsuits are usually filed in state courts. However, under certain circumstances they may be transferred to federal court.