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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 error is a case of malpractice. These are the following: a professional obligation and a breach of that duty; a loss resulting from the breach; and measurable damage.

Plaintiffs must also demonstrate these elements with evidence like expert testimony, depositions and discovery.

Misdiagnosis or Failure to Diagnose

The failure of a physician to diagnose an illness or injury could result in grave complications, or even death. It is a typical reason for medical malpractice. To prove negligence, the patient or their attorney must prove that a competent doctor in similar circumstances and working in the same specialty would not have misdiagnosed the condition.

There are many misdiagnosis that could be considered an error, but. Even highly skilled and experienced doctors make mistakes, therefore an allegation of malpractice law firms needs to be supported by other factors like breach, proximate causation and actual injury. For instance when a doctor fails to properly sterilize their equipment prior to administering anesthesia and the patient suffers an infection as a result the doctor may be found to be negligent.

Lawsuits alleging malpractice are typically filed in state trial courts where the alleged error occurred. Federal courts can be able to handle the case in certain situations. A case can be brought before federal court in certain circumstances. For example it could be disputes over the statute of limitations or when the parties are of different nationalities. In other cases, certain claims are settled through voluntary binding arbitration. This is a non-formal procedure that is governed by professional decision makers. It is designed to cut costs, expedite the legal process, and remove the risk that comes with large juries. However, arbitration is not accessible for all claims of malpractice.

Dosage of a drug that is incorrect

Medication errors--also called medication mistakes--are one of the most common causes of medical Malpractice Lawyers lawsuits. They can result from a doctor prescribing the wrong medication or giving the wrong dosage to the patient. These errors are often preventable. In certain circumstances the hospital, its staff, a pharmacist or other health care provider may be held liable for the injuries of patients who were given the wrong dosage of a drug.

A doctor could prescribe the wrong medicine because of a misdiagnosis. Or, simply not understanding the prescription correctly. A health professional can also prescribe the wrong dosage due to a breakdown in communication. For instance the nurse might read a doctor's script incorrectly or a pharmacist might make a mistake when filling the prescription. In other cases, the physician may delay delivering the correct medication, which could result in the patient's health getting worse.

To win a malpractice case, the victim must prove that the medical professional violated their duty of care and that negligence directly caused their injuries. This requires medical experts to provide evidence. Moreover, a medical malpractice claim must establish the extent of the victim's injuries as well as the damages they suffered as a result of the negligence. This includes the cost of a person's treatment and any wages lost. Generally, the greater a person's losses are, the more valuable the claim will be.

Wrong Procedure

This kind of situation is not unusual. It may seem impossible for medical professionals to carry out the incorrect procedure on patients, but it's true. The surgeon who makes this mistake can be held accountable for malpractice. Patients who are injured due to an error during surgery may be held liable for any mistakes that were made during the procedure.

A health care professional accused of malpractice has to prove that a patient was injured by a specific act, or inability to take action. To prove this the legal team representing the patient must prove: (1) that the doctor had a responsibility to provide care or treat the patient; (2) that he breached that duty; (3) that a causal link exists between the breach and injury; and (4) the injury results in damages the legal system could address.

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

Depending on the circumstances the plaintiff (the person who filed the claim, or their legal representative) or their lawyer can decide to file the claim in state or federal court. The majority of malpractice cases are filed with state courts, however in certain situations, a medical negligence lawsuit could be filed with a federal district court.

Wrong Surgery

The procedure that is performed on the wrong site is not common but it can be considered medical malpractice when the procedure is performed in the wrong place on your body. This kind of error is often caused by a lack of communication between members of a surgical team, or production pressure that results in an individual surgeon being assigned multiple surgeries simultaneously. In these instances, the surgeon is not alone in his or her responsibility for a surgical error that is not performed correctly due to a legal principle called "res ipsa loquitur" which means that the result of the error is evident and can only be attributed to negligence.

When a patient is injured during surgery that is performed on the wrong site and is injured, they may require additional procedures to fix issues that were caused by the surgical mistake. This results in costly medical bills for patients and their families. These expenses should be taken into consideration when calculating the financial impact of medical malpractice lawsuits.

Most often surgeons are liable for surgical errors. They are responsible for preparing the patient for the procedure, examining the medical records and charts of the patient, coordinating with the medical staff, and ensuring that the incision was placed in the proper location. However, in some cases an anesthesiologist or a hospital could also be accountable. Medical malpractice lawsuits are typically filed in state court, but they may be transferred under certain circumstances to federal court.