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Common Causes of Malpractice Litigation

Malpractice litigation is a complex procedure. If a patient can prove four factors, it will determine whether or not the error is malpractice. These are professional obligation and a breach of that obligation; an injury that results from the breach; and measurable damage.

Plaintiffs must demonstrate these elements with evidence such as expert testimony, depositions, or malpractice lawyers discovery.

The wrong diagnosis and the inability to recognize

Inability to recognize an injury or illness accurately can cause serious complications, or even death. The misdiagnosis of a patient is a frequent cause of medical malpractice. To establish negligence, a patient or their lawyer must show that an experienced doctor in similar circumstances would not have misdiagnosed an illness.

Not every misdiagnosis is malpractice, however. Even highly-trained and experienced doctors make mistakes. Therefore, any claim of malpractice has to be supported with other elements like breach, proximate cause and actual injury. For example, if a physician does not take the time to sterilize their equipment prior to giving anesthesia and the patient develops an infection because of it the doctor may be found to be negligent.

In the majority of instances, lawsuits claiming malpractice will be filed in the state trial court in which the alleged misconduct occurred. However, federal courts may be able to hear cases in specific circumstances. A case can be brought before a federal court under certain circumstances. For instance it could involve a dispute about the statute of limitations or in the event that the parties have different citizenships. Certain disputes are settled through binding voluntary arbitration. This is a non-formal procedure that is governed by professional decision makers. It is designed to minimize expenses, speed up the legal process, and reduce the risks associated with generous juries. Arbitration is not available in all cases of misconduct.

Dosage for a drug that is not correct

Medication errors, also referred to as medication errors are among the most common causes of medical malpractice lawsuits. These errors could be caused by a doctor writing prescriptions in a wrong format or giving the patient the wrong dosage. These mistakes are usually avoidable. According to the situation an individual pharmacy, Malpractice Lawyers hospital or other health care providers could be held responsible for the injuries resulting from a patient who was given the wrong dosage of a drug.

A doctor may prescribe the wrong drug because of a misdiagnosis or simply making a mistake in the prescription. A health professional can 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 make an error when filling the prescription. In other instances, a physician might delay administering the correct medication to the patient, which could result in their condition deteriorating.

A person who suffers from a medical malpractice claim must prove, for the sake of winning a malpractice lawsuit, that the medical professional violated their standard of practice and that their injuries were directly attributed to the negligence. This requires medical expert testimony. A medical malpractice case also must prove the severity and the damages caused by the victim's injuries. This includes the costs of treatment for the victim as well as any lost wages. The greater the loss, the higher the value of the claim.

Wrong Procedure

This kind of situation is not unusual. It might seem unattainable for medical professionals to perform the wrong procedure on patients, however, it is a reality. A surgeon who commits this mistake can be held accountable for negligence. If a patient is injured because of an error during surgery can be held responsible for any negligence that occurred during the procedure.

A medical professional accused of malpractice has to prove that the patient was injured due to an act or failure to act. To prove this, the legal team of the patient has to prove: (1) that the doctor had a responsibility to care for or treat the patient; (2) that he violated his duty; (3) that a causal connection exists between the breach and the injury; and (4) the injury results in damages the legal system can deal with.

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

Depending on the facts of the case, the plaintiff (the patient or their legally designated representative) or their lawyer may make the claim in a state or federal court. The majority of malpractice cases are filed with state courts, but in certain situations the case of medical negligence could be filed with a federal district court.

Wrong Surgery

The wrong-site surgery is rare, but can be considered medical malpractice when the procedure is done in the wrong location of your body. This kind of error usually occurs as caused by a lack of communication between the members of a surgical team or production pressure that results in the surgeon being assigned multiple surgeries simultaneously. In these instances the surgeon isn't all-in on his responsibility for a surgery that was performed on the wrong site due to the legal principle known as "res ipsa loquitur" which means that the result of the error speaks for itself and cannot be attributed to negligence.

If someone is injured during an improper procedure it is possible that the patient will require additional procedures in order to correct problems that were made worse due to the error. Patients and their families are left with costly medical bills. It is essential to take these costs into consideration when calculating the financial costs of medical malpractice attorney lawsuits.

Most often surgeons are liable for surgical errors. They are accountable in preparing the patient for the procedure, checking the medical records and chart of the patient, coordinating with the medical personnel, and ensuring that the incision was placed in the correct place. However, in certain instances an anesthesiologist or a hospital could also be liable. Medical Malpractice lawyers cases are usually filed in state court, but they may be transferred under certain circumstances to federal court.