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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 determine whether or not the mistake is malpractice. These are the following: a professional obligation in breach of this obligation; a repercussion from this breach; and measurable damages.

Plaintiffs must also demonstrate these elements with evidence such as expert testimony, depositions, or discovery.

Misdiagnosis or Failure to Diagnose

The failure of a physician to correctly diagnose an illness or injury can result in grave complications, or even death. Misdiagnosis is a common reason for medical malpractice. To prove negligence, a patient or their lawyer needs to prove that a skilled doctor in similar circumstances would not have misdiagnosed the condition.

A misdiagnosis is not always negligence. Even the most skilled and trained doctors make mistakes, so a claim of malpractice must be backed by other elements such as breach, proximate cause and actual injury. For example If a doctor fails to properly sterilize their equipment prior to giving anesthesia, and the patient develops an infection because of it the doctor could be liable for malpractice.

In the majority of cases, lawsuits alleging malpractice will be filed in the state trial court where the alleged malpractice took place. Federal courts can, however, have jurisdiction in certain instances. A case can be brought before federal court in certain circumstances. For instance it could be an issue regarding a statute of limitation or when the parties have different citizenships. Certain claims are settled through binding voluntary arbitration. This is a less formal process which involves professional decision makers and is intended to cut costs, expedite legal proceedings and eliminate the risk of overly generous juries. Arbitration is not available in all instances of malpractice.

Wrong Drug Dosage

Medication errors, also known as medication mistakes, are one of the main causes of medical malpractice lawsuits. They can be caused by a physician prescribing the wrong medication or administering the wrong dosage to the patient. These errors are typically preventable. Depending on the circumstances the hospital or its staff, pharmacist or other health care providers may be held liable for the injuries sustained by patients who were given the wrong dose of medication.

A doctor could prescribe wrong medication to a patient as a result of an inaccurate diagnosis or simply because they misread the prescription. A health care professional could also prescribe the wrong dose due to an interruption in communication, such as when a nurse reads the handwritten prescription of a doctor incorrectly or the pharmacist commits an error in filling the prescription. In other instances the doctor might delay the proper medication, which can result in the patient's health getting worse.

A victim must prove, for the sake of winning a malpractice lawsuit that the medical professional violated their standard of practice and that their injuries were directly attributed to the negligence. This requires medical expert testimony. Medical malpractice law firm cases also must establish the extent and damages of the victim's injuries. This includes the cost of treatment as well as any lost wages. In general, the greater a person's losses are and the greater the value of the claim will be.

Unskillful Procedure

It might seem absurd that medical professionals could perform the wrong procedure on a patient, however, this kind of thing occurs. A surgeon who makes this mistake can be held liable for negligence. However patients who are injured as a result of a surgical error could also be held responsible for any negligence that occurred the path to the procedure.

Any health care professional who is accused of negligence must prove that the patient was injured by a specific action or omission to act. To prove this the legal team representing the patient must prove that: (1) the doctor was bound by an obligation to provide treatment or treatment; (2) that the doctor did not fulfill this duty; (3) that there is a direct causal link between the breach and the injury; and (4) that the injury causes damages that the legal system is able to deal with.

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

Depending on the facts the plaintiff (the person who filed the claim or their legal representative) or their lawyer could choose to file either in state or federal court. Most malpractice Lawyers (Gigatree.eu) cases are filed in state court. However, in certain circumstances, a medical malpractice case could be filed in federal district court.

Wrong Surgery

The wrong-site surgery is rare however, it could be a case of medical malpractice when the procedure is performed in the wrong area of your body. This kind of error is often due to miscommunication between the members of a surgical team, or production pressure that leads to a surgeon being assigned multiple surgeries at once. In these situations the surgeon isn't all-in on his liability for a wrong-site surgery since there is an underlying legal principle referred to as "res ipsa loquitur" which means that the outcome of the error speaks for itself and can only be attributed to negligence.

If the patient is injured during an operation that was performed on the wrong site and is injured, they may require additional procedures to rectify problems that were exacerbated by the mistake. Patients and their families are left with high medical bills. This expense should be taken into consideration when calculating the financial consequences of medical malpractice claims.

Surgeons are typically accountable for surgical errors since they are the ones who are responsible for properly prepping for the operation and double-checking the patient's medical chart and medical records, communicating effectively with other members of the medical team and making sure the incision is made on the correct site. In some instances hospitals or anesthesiologists can also be held liable. Medical malpractice claims are generally filed in state courts, but they may be transferred under certain circumstances to federal court.