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Common Causes of Malpractice Litigation

Malpractice litigation involves a complex process. The degree to which an error constitutes malpractice depends on the ability of the patient to establish four legal elements such as a professional duty and breach of this duty; harm caused by the breach and quantifiable damages.

Plaintiffs must also prove the facts using evidence like expert testimony and depositions.

Undiagnosed or Incorrectly Diagnosed

Failure to identify an injury or illness in a timely manner can lead to serious complications, or even death. A large number of medical malpractice attorneys cases involve incorrect diagnosis. To show negligence, the patient or their lawyer needs to prove that a qualified doctor in similar circumstances would not have misdiagnosed the condition.

There are many misdiagnosis that could be considered malpractice, however. Even the most skilled and trained doctors make mistakes. Therefore, a claim of malpractice must be supported by other factors like breach, proximate causality and actual injury. If a doctor fails to sterilize his equipment before administering anesthesia and the patient develops an infection because of this, the doctor might be held accountable.

The majority of lawsuits involving malpractice are filed in state trial courts where the alleged misconduct occurred. However, federal courts may be able to handle cases in certain circumstances. For instance, a case may be brought in federal court if there is an issue regarding the time limit for filing a claim or in the event of a significant variety of citizenship among those involved in the dispute. Additionally, some cases are resolved through binding arbitration that is voluntary. This is a less formal process which involves professionals who make the decisions. It is designed to lower expenses, speed up the legal proceedings, and Malpractice Lawyer eliminate the risks associated with generous juries. Arbitration is not available in all instances of malpractice lawyer.

The wrong dosage of medication

Medication errors--also called medication mistakes--are one of the most common causes of medical malpractice lawsuits. These errors could be caused by a doctor writing prescriptions in a wrong format or giving the patient the wrong dosage. These errors are generally preventable. In the event of an incident an individual pharmacy, hospital or other health care providers could be held accountable for the harm caused by an individual who took the wrong dose of a drug.

A doctor can prescribe the wrong medication because of a misdiagnosis or by simply not understanding the prescription correctly. A health care professional could also prescribe the wrong dosage because of an issue with communication for example, when the nurse reads a doctor's handwritten script incorrectly or the pharmacist is mistaken in filling out the prescription. In other cases the doctor may delay in administering the correct medication to the patient, resulting in their condition deteriorating.

To prevail in a Malpractice Lawyer case, the victim must prove that the medical professional breached their duty of care and that negligence directly caused their injuries. This requires medical expert testimony. A medical malpractice case must prove the severity and damages of the victim's injuries. This includes the cost of treatment as well as any lost wage. In general, the greater a loss is then, the more valuable the claim will be.

Incorrect Procedure

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

A health professional accused of malpractice must prove that the patient was injured as a result of an act or inability to act. To prove this the legal team of the patient must show: (1) that the doctor was legally obligated to provide treatment or care to the patient; (2) that he failed to fulfill his obligation; (3) that a causal connection exists between the breach and injury; and (4) the injury results in damages the legal system could address.

A breach of duty of care has no value unless it results in injury. This is the reason medical malpractice cases are often founded on the legal doctrine "res ipsa locquitur," which states that certain injuries are so obvious they can be explained only by negligence.

Based on the facts, 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. The majority of malpractice cases are filed in state court, but under limited circumstances the medical malpractice lawsuit can be brought in federal district court.

Wrong Surgery

A wrong-site procedure is a rare error, but it may be considered medical malpractice if the procedure is performed on the wrong side of the body. This type of error is typically due to miscommunication between the members of a surgical team or production pressure that results in a surgeon being assigned multiple surgeries simultaneously. In these cases the surgeon is not solely accountable for a mistaken-site operation due to the legal principle known as "res ipsa locquitur" which says that the result speaks for itself and cannot be blamed on negligence.

If a patient is injured by wrong-site surgery the patient may require additional procedures to fix issues that were caused by the mistake. Patients and their families are left with high medical bills. These costs should be taken into consideration when calculating the financial consequences of medical malpractice claims.

Most often surgeons are accountable for surgical errors. They are responsible for preparing the patient for surgery, reviewing the chart and medical records of the patient, coordinating with the rest of the medical team, and ensuring that the incision was made at the right place. However, in some cases an anesthesiologist or a hospital could also be accountable. Medical malpractice claims are typically filed in state court however, they can be transferred under certain circumstances to federal court.