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Common Causes of Malpractice Litigation

Malpractice litigation involves a complex procedure. If a patient is able to prove four elements, it will decide whether or not the error is a case of malpractice. These are professional obligation or breach of that obligation; a repercussion from this breach; and quantifiable damages.

Plaintiffs must also prove the facts using evidence, such as expert testimony and depositions.

Incorrect diagnosis or failure to diagnose

Failure to correctly diagnose an illness or injury accurately can cause serious complications, or even death. Misdiagnosis is a common reason for medical negligence. To prove negligence the patient or their attorney must show that a competent doctor in similar circumstances and in the same specialty would not have misdiagnosed the problem.

The misdiagnosis of a patient does not always mean malpractice. Even the most skilled and trained doctors make mistakes, therefore the claim of malpractice must be backed by other elements like breach, proximate cause and actual injury. For example, malpractice if a physician does not properly sterilize their equipment prior to giving anesthesia and the patient suffers an infection due to the infection the doctor could be found to be negligent.

In most cases, lawsuits that allege malpractice law firm will be filed in the state trial court where the alleged misconduct occurred. Federal courts may however have jurisdiction in certain instances. For instance, a case may be brought in federal court if there is a dispute over a statute of limitations or in the event of a significant difference in citizenship among the parties involved in the case. Certain disputes are settled via arbitral arbitration, which is a binding process. This is a less formal procedure which involves professional decision makers and is intended to cut costs, speed up legal proceedings and reduce the possibility of excessively generous juries. However, arbitration is not accessible for all malpractice lawsuit claims.

Dosage of a drug that is incorrect

Medication errors, also referred to as medication errors, are one of the main causes of medical malpractice lawsuits. They can be the result of a doctor prescribing a prescription in error or delivering the wrong dose to patients. These errors are usually avoidable. In certain circumstances, a hospital staff member, a pharmacist or other health care provider could be held accountable for the injuries suffered by a patient who was prescribed the wrong dosage of medication.

A doctor may prescribe the wrong medication because of a misdiagnosis or by simply making a mistake in the prescription. A health professional may also administer the wrong dose due to a breakdown in communication for example, when the nurse reads the doctor's handwritten script in error or the pharmacist makes a mistake in filling out the prescription. In other cases the doctor may delay the administration of the correct medication to the patient, resulting in their condition becoming worse.

To prevail in 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 expert testimony. Additionally, a medical malpractice case must establish the severity of the victim's injuries and the damages they suffered as a result of the negligence. This includes the cost of treatment and any lost wages. The more money you lose of the claim, the greater the value of the claim.

Incorrect Procedure

It may seem impossible that medical professionals would perform the wrong procedure on a patient, but this type of incident can occur. A surgeon who makes this mistake can be held liable for malpractice. However the patient who is injured by a surgical mistake may also be held liable for any negligence that occurred during the process.

Any health professional who is accused of malpractice must show that the patient was injured by a specific action or omission to act. To establish this, the legal team representing the patient must prove: (1) that the doctor was obligated to treat or provide care to the patient; (2) that he violated his duty; (3) that a causal connection exists between the negligence and injury and (4) the harm results in damages that the legal system can address.

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

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

Wrong Surgery

The wrong-site procedure is rare but it could be considered medical malpractice if the procedure is performed in the wrong area of your body. This kind of error is usually caused by a lack of communication between the surgical team or pressures in the production process that result in a surgeon having multiple surgeries assigned at once. In these instances the surgeon is not solely responsible for a misplaced procedure because of the legal principle known as "res ipsa locquitur" which says that the result is a matter of fact and cannot be attributed to negligence.

If an individual is injured in a wrong-site procedure and is injured, they may need additional procedures to correct problems that were exacerbated due to the error. This leads to costly medical expenses for patients as well as their families. These costs should be taken into consideration when calculating the financial consequences of medical malpractice claims.

Surgeons are often accountable for surgical errors since they are the ones who are responsible for making preparations for the operation, double-checking the patient's chart and medical records, communicating effectively with other members of the medical team and making sure the incision is done at the correct place. However, in some instances an anesthesiologist or hospital may also be liable. Medical malpractice claims are usually filed in state courts, but in certain situations, they can be transferred to federal court.