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Common Causes of Malpractice Litigation

Malpractice litigation involves a complex process. If a patient can prove four elements, it will determine whether or not the mistake is a case of malpractice. These are: a professional obligation in breach of this obligation; an injury that results from the breach; and measurable damages.

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

Misdiagnosis or Failure to Diagnose

The inability of a doctor to diagnose an illness or injury could result in serious complications or even death. Many medical malpractice cases result from mistakes in diagnosis. To prove negligence, Malpractice a person or their lawyer needs to prove that a skilled doctor in similar circumstances would not have misdiagnosed a problem.

Every misdiagnosis can be considered to be malpractice, however. Even highly skilled and experienced doctors can make mistakes. Therefore, any claim for malpractice must be supported with other elements, such as breach, proximate causes and actual injury. If a doctor does not sterilize his equipment before administering anesthesia, and the patient is infected because of this, the doctor might be found to be negligent.

Legal actions claiming malpractice are usually filed in state trial courts, where the alleged error occurred. Federal courts can be able to hear cases in certain circumstances. For instance, a claim could be filed in federal court if it involves disputes over a statute of limitations or if there is a substantial difference in citizenship among the parties involved in the case. Certain claims are settled through binding arbitration. This is a less formal process that involves professional decision makers. It is designed to lower costs, expedite the legal process, and remove the risks associated with large juries. However, arbitration is not accessible for all malpractice claims.

Wrong Drug Dosage

Medication errors, also referred as medication mistakes are among the leading causes of medical malpractice suits. These errors are caused by a physician submitting prescriptions in a wrong format or giving the patient the incorrect dosage. These mistakes are usually preventable. According to the circumstances, a pharmacy, a hospital or other health care providers could be held accountable for the harm caused by a patient who was given the wrong dose of a medication.

A doctor could prescribe wrong medication to a patient because of an inaccurate diagnosis or simply due to a misreading of the prescription. A health professional could also prescribe the wrong dose due to an interruption in communication for example, when the nurse reads the doctor's handwritten script in error or the pharmacist is mistaken in filling the prescription. In other cases doctors may delay administering the correct medication to the patient, which could result in the patient's condition getting worse.

To win a malpractice lawyers case, the victim must establish that the medical professional did not meet their duty of care and that negligence directly caused the injuries. This requires the testimony of a medical expert. In addition, a medical mishap claim must establish the extent 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 wages. The more loss you suffer of the claim, the greater the value of the claim.

Incorrect Procedure

This type of incident is not uncommon. It might seem impossible for medical professionals to carry out the wrong procedure on patients but it's true. A surgeon who commits this error can be found liable for negligence. However, a patient who is injured as a result of a surgical error could also be held accountable for any negligence that occurred during the path to the procedure.

Any health care professional who is alleged to be negligent must show that the patient was hurt by a specific act or failure to act. To prove this, the patient's legal team must demonstrate that: (1) the doctor was bound by an obligation to provide care or treatment; (2) that the doctor breached this duty; (3) that there is a direct causal link between the breach and the injury; and (4) that the injury results in damages which the legal system has the power to deal with.

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

Based on the circumstances the plaintiff (the person who filed the claim or their legal representative) or their lawyer may decide to file the claim in state or federal court. The majority of malpractice cases are filed in state courts, however under certain circumstances medical malpractice lawsuits can be brought in federal district court.

Wrong Surgery

The wrong-site surgery is rare but it can be considered medical malpractice if the procedure is performed in the wrong location of your body. This type of mistake is usually caused by miscommunications between members of the surgical team, or due to production pressures that result in surgeons being assigned multiple surgeries scheduled at the same time. In these cases the surgeon is not solely responsible for a misplaced procedure due to a legal principle known as "res ipsa locquitur" which says that the result is a matter of fact and cannot be blamed on negligence.

If someone is injured during an operation that was performed on the wrong site the patient may require additional procedures to rectify problems that were made worse by the error. Patients and their family members are left with hefty medical bills. These expenses should be considered when calculating the financial consequences of medical malpractice claims.

Surgeons are usually held accountable for surgical errors since they are the ones who are accountable for getting ready for the procedure by double-checking patient's chart 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 the hospital or anesthesiologist can also be held liable. Medical malpractice cases are typically filed in state courts, however, under certain circumstances they may be transferred to federal courts.