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Common Causes of Malpractice Litigation

Malpractice litigation involves a complex procedure. If a person can prove four elements, it will decide whether or not the mistake is a case of malpractice. These are professional obligation; a breach of that obligation; an injury that results from this breach; and quantifiable damage.

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

The wrong diagnosis and the inability to recognize

The failure of a physician to correctly diagnose an illness or injury could result in serious complications or even death. Misdiagnosis is a common cause of medical malpractice. To prove negligence, the patient or their attorney must demonstrate that a competent physician under similar circumstances and in the same area would not have misdiagnosed the condition.

The misdiagnosis of a patient does not always mean negligence. Even the most experienced and highly trained doctors make mistakes, so any claim of malpractice has to be supported by other elements like breach, proximate causation, and actual injury. If a doctor does not sterilize his equipment before administering anesthesia, and the patient is infected due to this, the doctor may be guilty.

In most instances, lawsuits claiming that there was a mistake will be filed in the state trial court in which the malpractice was alleged to have occurred. However, federal courts might have jurisdiction in certain situations. For example, a claim may be brought in federal court in the event of the interpretation of the statute of limitations or if there is a substantial difference in citizenship among those involved in the dispute. Some claims are settled by binding arbitration. This is a less formal procedure that involves professional decision makers. It is designed to reduce costs, speed up legal proceedings, and eliminate the risks associated with generous juries. However, arbitration isn't available for all claims of santa clara malpractice law firm.

The wrong dosage of medication

Medication errors, also referred as medication mistakes are among the most common causes of medical malpractice lawsuits. These errors can be caused by a doctor who has submitted prescriptions in the wrong format, or giving the patient the incorrect dosage. These mistakes are usually avoidable. In certain circumstances the hospital or its staff, a pharmacist or other health care providers could be held responsible for the injuries sustained by a patient who was given the wrong dosage of a drug.

A doctor may prescribe the incorrect medication to a patient because of an incorrect diagnosis or simply by misreading the prescription. A health care provider can also administer the incorrect dosage because of a glitch in communication. For example the nurse might take a doctor's prescription and read it incorrectly or a pharmacist could fail to fill the prescription. In other cases the doctor may delay the administration of the correct medication, which can lead to the patient's condition worsening.

A person who suffers from a medical malpractice claim must prove, to be successful in a malpractice lawsuit that the medical professional breached their standard of practice and that their injuries were directly attributed to the negligence. This requires the testimony of a medical expert. Moreover, a medical malpractice claim must establish the extent of the injuries suffered by a victim and the damages they sustained because of the negligence. This includes the cost of treatment as well as any wages lost. The more the loss the greater the value of the claim.

Unskillful Procedure

It might seem unlikely that medical professionals would carry out the incorrect procedure on a patient however, this kind of thing is quite common. A surgeon who makes the mistake could be held liable for malpractice. However patients who are injured by a surgical mistake could also be held accountable for any negligence that occurred the process.

A health professional accused of negligence must prove that the patient was injured as a result of the specific act or inability to perform the act. To establish this, the legal team of the patient has to prove: (1) that the doctor was required to care for or treat the patient; (2) that he failed to fulfill his obligation; (3) that a causal connection exists between the breach and the injury and (4) the injuries result in damages that which the legal system may address.

A breach of duty of care is no significance unless it results in injury. This is why medical eden malpractice attorney cases tend to be based on the legal doctrine "res ipsa locquitur," which states that certain injuries are so obvious 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 attorney may choose to file either in state or federal court. Most malpractice cases are filed in state court. However, under limited circumstances, a medical malpractice lawsuit could be filed in federal district court.

Wrong Surgery

The wrong-site procedure is rare however, it could be a case of medical malpractice in the event that the procedure is carried out in the wrong area of your body. This kind of error is usually caused by a lack of communication between members of the surgical team or production pressures that result in the surgeon performing several surgeries to perform at the same time. In these cases, a surgeon is not solely responsible for a misplaced procedure due to a legal principle known as "res ipsa locquitur" which states that the outcome is a matter of fact and cannot be blamed on negligence.

If a patient gets injured due to surgery performed on the wrong site and is injured, they may require additional procedures to fix problems exacerbated by the mistake. Patients and their families are left with costly medical bills. These expenses should be taken into consideration when calculating the financial impact of medical malpractice claims.

The majority of times surgeons are liable for surgical errors. They are responsible in preparing the patient for the procedure, as well as checking the chart and medical records of the patient, coordinating with the medical team, and ensuring that the incision was made at the right place. However, in some cases a hospital or anesthesiologist may also be accountable. Medical malpractice claims are typically filed in state court, but they may be transferred under certain circumstances to federal court.