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Common Causes of malpractice law firms Litigation

Malpractice litigation is a complicated process. The question of whether or not an error constitutes malpractice depends on whether the patient is able to prove four legal elements which include professional duty and breach of this duty; injury caused by the breach and quantifiable damages.

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

Misdiagnosis and Failure to Diagnose

Failure to diagnose an injury or illness in a timely manner can cause serious complications, or even death. A large number of medical malpractice cases involve misdiagnosis. To prove negligence the patient or their attorney must show 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 highly-trained and experienced doctors can make errors. Therefore, any claim of malpractice must be backed by other factors like breach, proximate reason and actual injury. If a doctor fails sterilize his equipment before administering anesthesia, and the patient is infected due to this, he could be guilty.

In most instances, lawsuits claiming malpractice will be filed in the state trial court where the alleged malpractice took place. However, federal courts may be able to handle cases in certain circumstances. A claim may be filed before a federal court in certain circumstances. For instance, it may involve disputes over a statute of limitation or when the parties have different citizenships. Some claims are settled by arbitration that is binding and voluntary. This is a less formal procedure with professional decision makers. It is designed to cut costs, speed up legal proceedings, and eliminate the possibility of excessively generous juries. However, arbitration is not available for all claims of malpractice.

The wrong dosage of medication

Medication mistakes, also referred to as medication errors, are one of the main causes of medical malpractice lawsuits. They can involve a physician prescribing a prescription in error or delivering the wrong dose to the patient. These mistakes are usually avoidable. Based on the circumstances, a hospital staff member, a pharmacist or other health care provider may be held liable for malpractice lawyers the injuries of patients who were given the wrong dosage of medication.

A doctor could prescribe the wrong medication to a patient because of an inaccurate diagnosis or simply by misreading the prescription. A health care professional may also administer the incorrect dosage because of a glitch in communication. For example nurses may read a doctor's script incorrectly or a pharmacist might fail to fill the prescription. In other situations, a physician might delay in administering the correct medication to the patient, resulting in the patient's condition getting worse.

To be successful in an action for malpractice, a victim must establish that the medical professional acted in breach of their standard of care, and that their negligence directly led to their injuries. This requires testimony from a medical expert. Furthermore, a medical negligence claim must establish the extent of the victim's injuries and the damages they sustained because of the negligence. This includes the cost of treatment and any lost wage. In general, the greater a person's losses are, the more valuable the claim will be.

Unskillful Procedure

This kind of situation is not uncommon. It may seem impossible for medical professionals to carry out the wrong procedure on patients, however, it happens. The surgeon who commits this error may be held to be liable for malpractice. A patient who is injured because of an error in surgery could be held responsible for any errors that occured during the procedure.

A health professional accused of negligence must prove that the patient was injured due to a specific act, or failure to take action. To establish this the legal team representing the patient must demonstrate: (1) that the doctor was obligated to provide treatment or care to the patient; (2) that he violated his duty; (3) that a causal connection exists between the breach and injury; and (4) the injury results in damages the legal system can deal with.

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

Depending on the circumstances of the situation, the plaintiff (the patient or their legally designated representative) or their lawyer may present the claim to federal or state court. Most malpractice cases are filed in state court, however under certain circumstances the medical malpractice lawsuit can be brought in federal district court.

Wrong Surgery

A wrong-site procedure is a rare mistake, but it could be considered medical malpractice when the procedure is performed on the wrong part of the body. This type of error is usually the result of miscommunications between the surgical team, or due to production pressures that result in the surgeon performing multiple surgeries assigned at once. In these cases the surgeon is not solely responsible for a misplaced procedure due to a legal rule known as "res ipsa locquitur" which says that the outcome speaks for itself and cannot be blamed on negligence.

If a patient is injured during a wrong-site procedure it is possible that the patient will need additional procedures to correct issues that were caused by the mistake. This can result in high medical expenses for the patient and their families. It is important to take these costs into consideration when calculating the financial costs of medical malpractice lawsuits.

Surgeons are usually held liable for surgical errors as they are the ones who are responsible for getting ready for the procedure as well as double-checking the patient's charts and medical records, coordinating effectively with other members of the medical team, and making sure that the incision is located at the correct location. In certain instances hospitals or anesthesiologists could also be held accountable. Medical malpractice lawyers claims are usually filed in state courts, but under certain circumstances, they can be transferred to federal court.