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Common Causes of Malpractice Litigation

malpractice lawyers litigation can be a difficult procedure. If a patient can prove four elements, it will be able to determine whether or not the error is malpractice. These are professional obligations or breach of that obligation; an injury that results from this breach; and measurable damages.

Plaintiffs must prove these elements through evidence like expert testimony, depositions, or Malpractice Lawyers discovery.

Incorrect diagnosis and failure to diagnose

Inability to recognize an illness or injury accurately can cause serious complications, or death. Misdiagnosis is a common cause of medical malpractice. To show negligence, the patient or their lawyer must demonstrate that a qualified doctor in similar circumstances would not have misdiagnosed a problem.

Misdiagnosis does not always constitute negligence. Even highly-trained and experienced doctors can make mistakes. Therefore, any claim for malpractice must be backed by other factors such as breach, proximate causes and actual injury. If a doctor does not sterilize his equipment prior to giving anesthesia and the patient becomes infected due to this, the doctor may be found to be negligent.

In most instances, lawsuits claiming that there was a mistake will be filed in the state trial court where the malpractice was alleged to have occurred. Federal courts can however have jurisdiction in certain instances. A claim can be brought before a federal court under certain circumstances. For example, it may involve the issue of a statute of limitation or malpractice Lawyers if the parties are of different citizenships. Some claims are settled by binding arbitration. This is a less formal procedure which involves professionals who make the decisions. It is designed to minimize costs, speed up legal process, and remove the risk associated with overly generous juries. Arbitration is not always available in cases of malpractice.

Dosage for a drug that is not correct

Medication mistakes, also referred to as medication errors, are among the most common causes of medical malpractice lawsuits. They can result from a doctor writing a prescription that is not correct or giving the wrong dosage to a patient. These mistakes are usually avoidable. Based on the circumstances, a hospital, its staff, a pharmacist or other health care providers could be held responsible for the injuries suffered by a patient who was prescribed the wrong dose of medication.

A doctor can prescribe the wrong medication as a result of a misdiagnosis or simply misreading the prescription. A health professional can also administer the incorrect dosage due to a failure in communication. For instance nurses may not read a doctor's prescription correctly or a pharmacist might make an error when filling the prescription. In other instances the doctor could delay delivering the correct medication, which could cause the patient's illness to worsening.

In order to be successful in a malpractice case, the victim must prove that the medical professional violated their duty of care and that negligence directly caused the injuries. This requires medical expert testimony. Moreover, a medical malpractice case must demonstrate the extent of the victim's injuries as well as the damage they sustained as a result of the negligence. This includes the cost of treatment as well as any lost wage. The more money you lose of the claim, the greater the value of the claim.

Incorrect Procedure

This type of incident is not unusual. It might seem unattainable for medical professionals to carry out the wrong procedure on patients however, it is a reality. The surgeon who commits this error can be found accountable for malpractice. A patient who is injured due to an error during surgery may be held accountable for any errors that occured during the procedure.

Any health professional who is alleged to be negligent must prove that the patient was hurt due to a specific act or inaction. To establish this the legal team representing the patient has to prove: (1) that the doctor was obligated to treat or provide care to the patient; (2) that he failed to fulfill his obligation; (3) that a causal link exists between the breach and the injury; and (4) the injury causes damages that the legal system can address.

A breach of the duty of care is insignificant unless it causes injury which is why medical malpractice claims are typically built on a legal concept known as "res ipsa loquitur." This law says that, in the majority of cases certain injuries are obvious and evident that they can only be explained by negligent acts.

Based on the facts of the situation, the plaintiff (the patient or their legally designated representative) or their attorney could present the claim to federal or state court. The majority of malpractice cases are filed in state courts, but in certain situations, a medical negligence lawsuit can be filed in federal district court.

Wrong Surgery

A wrong-site procedure is a rare error, but it may be considered medical malpractice when the procedure is performed on the wrong area of the body. This type of mistake is usually the result of miscommunications between members of the surgical team, or production pressures that lead to the surgeon performing multiple surgeries scheduled at the same time. In these situations the surgeon isn't solely responsible for a wrong-site procedure due to the legal principle known as "res ipsa locquitur" which states that the outcome speaks for itself and cannot be attributed to negligence.

When a patient is injured by wrong-site surgery it is possible that he or she will require additional treatments to correct problems exacerbated by the surgical error. This leads to costly medical expenses for the patient and their families. These expenses must be taken into consideration when calculating the financial consequences of medical malpractice lawsuits.

Most often surgeons are accountable for surgical mistakes. They are responsible in preparing the patient for surgery, reviewing the medical record and chart of the patient, communicating with the rest of the medical staff, and ensuring that the incision was placed in the proper location. However, in some cases a hospital or anesthesiologist may be held accountable. Medical malpractice Lawyers lawsuits are usually filed in state courts, however, under certain circumstances, they can be transferred to federal court.