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Common Causes of Malpractice Litigation

The process of bringing a malpractice lawsuit is a complex procedure. If a patient can prove four factors, it will determine whether or not the mistake is malpractice attorney. These are the following: a professional obligation and a breach of that duty; a loss resulting from the breach; and quantifiable damages.

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

Incorrect diagnosis and inability to diagnose

Failure to identify an injury or illness accurately can lead to serious complications, or even death. Many medical malpractice cases result from mistakes in diagnosis. To prove negligence, the patient or their attorney must demonstrate that a competent doctor under similar circumstances and in the same specialty would not have misdiagnosed the condition.

It is not always a case of negligence, but. Even highly skilled and experienced doctors make mistakes. Therefore, the claim of malpractice must be backed 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 is infected because of this, the doctor might be held accountable.

Legal actions claiming malpractice are usually filed in state trial courts, where the alleged error occurred. However, federal courts might have jurisdiction under limited circumstances. For instance, a case could be filed in federal court if there is the interpretation of the time limit for filing a claim or when there is a significant difference in citizenship among the parties involved in the case. Some claims can be resolved through binding arbitration that is voluntary. This is a less formal process involving professional decision makers that is intended to cut costs, speed up legal proceedings and eliminate the risk of overly generous juries. Arbitration is not accessible in all cases of malpractice.

The wrong dosage of medication

Medication errors are one of the most common causes of medical malpractice lawsuits. These errors are caused by a doctor writing a prescription in the wrong format, or giving the patient the wrong dosage. These errors are typically preventable. According to the situation, a pharmacy, a hospital or other health care provider could be held responsible for injuries caused by an individual who took the wrong dose of a drug.

A doctor could prescribe the wrong drug because of a misdiagnosis. Or, simply making a mistake in the prescription. A health professional may also administer the wrong dosage because of an inability to communicate like when nurses read the doctor's handwritten prescription incorrectly or the pharmacist is mistaken in filling the prescription. In other instances the doctor may delay administering the correct medication to the patient, malpractice lawsuit resulting in their condition deteriorating.

In order to be successful in a malpractice lawsuit, a victim must show that the medical professional did not meet their standard of care, and that negligence directly caused their injuries. This requires the testimony of a medical expert. A medical malpractice case must prove the extent and damage of the victim's injuries. This includes the cost of treatment and any lost wage. The greater person's losses are, the more valuable the claim will be.

The wrong procedure

It might seem unlikely for medical professionals to perform the incorrect procedure on a patient, however, this kind of thing is quite common. The surgeon who commits this error can be found responsible for negligence. However patients who are injured due to a surgical error can also be held accountable for any negligence that occurred on the process.

Any health professional who is alleged to be negligent must show that the patient was hurt through a specific act or failure to act. To prove this the legal team of the patient has to prove: (1) that the doctor was required to provide care or treat the patient; (2) that he did not fulfill that duty; (3) that a causal connection exists between the breach and the injury and (4) the harm results in damages that the legal system can deal with.

A breach of duty of care has no significance 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 states that certain injuries are so obvious that they can be explained only through negligence.

Depending on the circumstances of the situation, the plaintiff (the patient or their legally designated representative) or their attorney could make the claim in a state or federal court. Most malpractice cases are filed in state court. However, in certain circumstances, a medical malpractice lawsuit can be filed in federal district court.

Wrong Surgery

The procedure that is performed on the wrong site is not common, but can be considered medical malpractice when the procedure is performed in the wrong location of your body. This type of mistake is often caused by miscommunications between members of the surgical team, or pressures on production that result in surgeons having multiple surgeries at once. In these situations the surgeon isn't solely responsible for an incorrect-site operation due to a legal rule known as "res ipsa locquitur" which states that the outcome is a matter of fact and cannot be attributed to negligence.

If the patient is injured during a wrong-site procedure and is injured, they may require additional procedures in order to correct problems that were made worse by the mistake. Patients and their families are left with high medical bills. This expense should be taken into consideration when calculating the financial impact of medical malpractice claims.

The majority of times, surgeons are held responsible for surgical mistakes. They are accountable in preparing the patient for the procedure, examining the medical records and charts of the patient, coordinating with the medical staff, and making sure that the incision was placed at the correct location. However, in some cases a hospital or anesthesiologist may also be accountable. Medical malpractice cases are typically filed in state courts. However, in certain situations, they can be transferred to federal court.