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Common Causes of Malpractice Litigation

Malpractice litigation involves a complex process. If a patient can prove four elements, it will be able to determine whether or not the mistake is a case of malpractice. These are professional obligation in breach of this duty; a loss resulting from the breach; and quantifiable damages.

Plaintiffs must be able to prove the elements using evidence like expert testimony and depositions.

The wrong diagnosis and the inability to recognize

A physician's inability to correctly diagnose an illness or injury can lead to serious complications or even death. Incorrect diagnosis is a common reason for medical malpractice. To prove negligence, a person or their lawyer must show that a skilled doctor in similar circumstances would not have misdiagnosed an illness.

Not every misdiagnosis is malpractice, however. Even highly skilled and experienced doctors make mistakes. Therefore, any claim of malpractice has to be backed by other elements such as breach, proximate causation, and actual injury. For example, if a physician does not properly clean their equipment prior the time they administer anesthesia, and the patient develops an infection because of it, the doctor could be guilty of malpractice.

In most cases, lawsuits that allege malpractice will be filed in the state trial court where the malpractice was alleged to have occurred. However, federal courts may have jurisdiction in certain situations. For instance, a lawsuit could be filed in federal court if it is an issue regarding a statute of limitations or in the event of a significant variety of citizenship among the parties in the case. Certain claims are settled through binding voluntary arbitration. This is a less formal procedure involving professional decision makers that is designed to reduce costs, expedite legal proceedings and reduce the risk of overly generous juries. However, arbitration isn't available for all claims of malpractice.

Wrong Drug Dosage

Medication errors, also known as medication mistakes, are one of the most common causes of medical malpractice lawsuits. They can involve a physician prescribing the wrong medication or giving the wrong dosage to a patient. These errors are usually preventable. According to the situation the situation, a pharmacist, a hospital or other health care providers could be held responsible for the harm caused by a patient who was given the wrong dosage of a drug.

A doctor might prescribe the wrong drug because of a misdiagnosis, or simply making a mistake in the prescription. A health care provider can also prescribe the wrong dosage due to a lapse in communication. For example, a nurse may interpret a doctor's prescription incorrectly or a pharmacist might fail to fill the prescription. In other situations, a physician might delay the proper medication to the patient, resulting in the patient's condition getting worse.

A person who suffers from a medical malpractice claim must prove, in order to prevail on a malpractice lawsuit, that the medical professional breached their standard of practice and that their injuries were directly attributed to the negligence. This requires medical experts to provide evidence. Furthermore, a medical negligence case must establish the severity of the injuries suffered by a victim and the damages they suffered as a result of the negligence. This includes the cost of treatment and any lost wage. The more money you lose is, the more valuable of the claim.

Wrong Procedure

This kind of situation is not unusual. It might seem unattainable for medical professionals to carry out the incorrect procedure on patients but it's true. The surgeon who commits this error can be found responsible for negligence. However those who are injured due to a surgical error could also be held responsible for any negligence that occurred on the way to the procedure.

Any health professional who is accused of malpractice (from the Bbarlock blog) must prove that the patient was injured due to a specific act or omission to act. To establish this, the patient's legal team must prove that (1) the doctor was in an obligation to provide care or treatment; (2) that the doctor did not fulfill this duty; (3) that there is a direct and causal connection between the breach and the injury; and (4) that the injury causes damages that the legal system is able to be able to address.

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

Depending on the facts of the situation, the plaintiff (the patient or their legally appointed representative) or their attorney could bring the case in federal or state court. The majority of malpractice cases are filed with state courts, but in certain circumstances the case of medical negligence can be brought to federal district court.

Wrong Surgery

The procedure that is performed on the wrong site is not common, but can be considered medical malpractice if the procedure is performed in the wrong place on your body. This type of error usually occurs as due to miscommunication between the members of a surgical team, or production pressure that results in the surgeon being tasked with multiple surgeries at one time. In these situations the surgeon isn't all-in on his responsibility for an incorrect-site procedure since there is the legal principle known as "res ipsa loquitur" which means that the result of the error is evident and malpractice can be attributed to negligence.

If a patient is injured during an operation that was performed on the wrong site it is possible that the patient will require additional procedures to fix issues that were caused by the error. This leads to costly medical expenses for the patient and their families. This expense should be taken into consideration when calculating the financial impact of medical malpractice claims.

The majority of times surgeons are accountable for surgical errors. They are accountable in preparing the patient for surgery, reviewing the chart and medical records of the patient, communicating with the rest of the medical personnel, and ensuring that the incision was placed in the proper location. However, in some cases an anesthesiologist or a hospital could also be liable. Medical malpractice claims are generally filed in state court, but can be transferred under certain circumstances to federal court.