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Common Causes of malpractice lawsuit Litigation

Malpractice litigation is a complicated procedure. If a patient is able to prove four elements, it will decide whether or not the mistake is a case of malpractice. These are professional obligations or breach of that duty; a loss resulting from this breach; and measurable damages.

Plaintiffs must be able to prove the elements using evidence, such as expert testimony and depositions.

The wrong diagnosis and the inability to recognize

Inability to recognize an injury or illness in a timely manner can lead to serious complications, or death. Many medical malpractice cases involve mistaken diagnosis. To prove negligence the patient or their attorney must prove that a competent doctor under similar circumstances and in the same specialty would not have missed the diagnosis.

There are many misdiagnosis that could be considered malpractice, however. Even the most experienced and highly trained doctors make mistakes, therefore a claim of malpractice must be supported by other elements like breach, proximate causation, and actual injury. If a physician fails to sterilize his equipment prior the time he administers anesthesia and the patient gets infected as a result of this, he could be found to be negligent.

In most instances, lawsuits claiming that there was a mistake will be filed in the state trial court in which the alleged misconduct occurred. However, federal courts may have jurisdiction in certain situations. A case can be brought before a federal court in specific circumstances. For instance it could be disputes over a statute of limitation or when the parties are of different citizenships. In other cases, certain claims are resolved through binding arbitration that is voluntary. This is a less formal procedure that involves professional decision makers. It is designed to cut costs, expedite the legal process, and remove the risk associated with overly generous juries. However, arbitration is not accessible for all claims of malpractice.

Dosage for a drug that is not correct

Medication mistakes, also referred to as medication errors, are one of the most common causes of medical Malpractice lawyers lawsuits. These errors can be caused by a physician submitting prescriptions in the wrong format, or giving the patient the incorrect dosage. These errors are generally preventable. In the event of an incident the pharmacy, hospital or other health care provider could be held responsible for the harm caused by patients who were given the wrong dosage of a medication.

A doctor might prescribe the incorrect medication to a patient because of an inaccurate diagnosis or simply because he/she misreads the prescription. A health care provider can also give the wrong dosage due to a failure in communication. For instance nurses may interpret a doctor's prescription incorrectly or a pharmacist may fail to fill the prescription. In other situations, a doctor could delay in administering the correct medication to the patient, which could result in the patient's condition getting worse.

In order to be successful in a malpractice case, a victim must demonstrate that the medical professional breached their standard of care and that the negligence directly contributed to the injuries. This requires medical expert testimony. A medical malpractice claim also must prove the extent and damage of the victim's injuries. This includes the cost of treatment for the victim as well as any lost wages. Generally, the greater a loss is, the more valuable the claim will be.

The wrong procedure

This type of incident is not uncommon. It might seem unattainable for medical professionals to perform the wrong procedure on patients, but it does happen. The surgeon who commits this error may be held responsible for negligence. A patient who suffers injury due to an error during surgery can be held responsible for any errors that occured during the procedure.

Any health care professional who is accused of negligence must show that the patient was harmed by a specific action or inaction. To prove this the legal counsel of the patient must prove that (1) the doctor was in the obligation to provide medical care or treatment; (2) that the doctor did not fulfill this duty; (3) that there is a direct causal relationship between the breach and the injury; and (4) that the injury causes damages that the legal system is able to address.

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

Based on the circumstances depending on the facts, the plaintiff (the person who filed the claim or their legal representative) or their lawyer could decide to file the claim either in state or federal court. The majority of malpractice cases are filed in state courts, however in certain circumstances the medical negligence lawsuit can be brought to federal district court.

Wrong Surgery

Wrong-site surgery is a rare error, but it could be considered medical negligence if the procedure is performed on the wrong part of the body. This type of error usually occurs as the result of miscommunication between the members of a surgical team or production pressure that results in the surgeon being assigned multiple surgeries at once. In these instances the surgeon isn't solely responsible for a wrong-site operation due to a legal rule known as "res ipsa locquitur" which states that the result speaks for itself and cannot be blamed on negligence.

If a patient gets injured by wrong-site surgery the patient may require additional procedures to correct problems exacerbated by the mistake. Patients and their families are left with expensive medical bills. This expense should be considered when calculating the financial consequences of medical malpractice lawsuits.

Most often surgeons are accountable for surgical mistakes. They are accountable for preparing the patient for the procedure, as well as checking the medical record and chart of the patient, communicating with the medical team, and ensuring that the incision was placed at the right place. However, in some cases hospitals or anesthesiologists may also be accountable. Medical malpractice claims are usually filed in state courts, but in certain situations, they can be transferred to federal court.