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Common Causes of Malpractice Litigation

Malpractice litigation is a complicated procedure. If a patient can demonstrate four elements, it will decide whether or not the mistake is a case of malpractice. These are: a professional obligation or breach of that duty; a loss resulting from this breach; and measurable damage.

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

Undiagnosed or Incorrectly Diagnosed

The failure of a physician to diagnose an illness or injury could result in serious complications or even death. A large number of medical malpractice cases involve incorrect diagnosis. To prove negligence, the patient or their attorney must demonstrate that a competent doctor under similar circumstances and working in the same area would not have misdiagnosed the condition.

It is not always a case of negligence, but. Even experienced and highly trained doctors can make errors. Therefore, a claim for malpractice must be backed up by other elements like breach, proximate cause or actual injury. For instance when a doctor does not take the time to sterilize their equipment before administering anesthesia and the patient suffers an infection due to the infection the doctor could be found to be negligent.

Lawsuits that claim malpractice are usually filed in state trial courts, where the alleged error occurred. However, federal courts might have jurisdiction in certain situations. A claim can be brought before federal court in certain circumstances. For instance it could be disputes over a statute of limitation or in the event that the parties have different citizenships. Certain claims are settled through binding voluntary arbitration. This is a less formal process with professional decision makers. It is designed to reduce costs, speed up legal proceedings and reduce the possibility of excessively generous juries. Arbitration is not available in all cases of misconduct.

The wrong dosage of medication

Medication errors--also called medication mistakes--are one of the main causes of medical malpractice lawsuits. These errors are caused by a physician who writes prescriptions in a wrong format or giving the patient the wrong dosage. These mistakes are often avoidable. In the event of an incident the situation, a pharmacist, a hospital or other health care provider could be held accountable for injuries caused by a patient who was given the wrong dosage of a medication.

A doctor may prescribe the wrong medication because of a misdiagnosis. Or, simply not understanding the prescription correctly. A health professional may also administer the wrong dosage because of an issue with communication for example, when a nurse reads the doctor's handwritten prescription incorrectly or the pharmacist commits an error in filling out the prescription. In other cases, a physician might delay in administering the correct medication to the patient, resulting in their condition worsening.

To win a malpractice lawsuit, a victim must prove that the medical professional breached their standard of care and that the negligence directly caused the injuries. This requires testimony from a medical expert. In addition, a medical mishap case must demonstrate the extent of a victim's injuries and the damage they sustained as a result of the negligence. This includes the cost of treatment and any lost wage. In general, the greater a person's losses are and the greater the value of the claim will be.

The wrong procedure

It may seem impossible that medical professionals could perform the wrong procedure on a patient however, this type of event can occur. If a surgeon makes this kind of error could be held liable for negligence. However patients who are injured due to a surgical error may also be held liable for any negligence that occurred the way to the procedure.

A health professional accused of malpractice attorney has to prove that the patient was injured due to a specific act, or inability to perform the act. To prove this, the legal team of the patient must prove: (1) that the doctor was required to provide treatment or care to the patient; (2) that he did not fulfill that duty; (3) that a causal link exists between the breach and injury and (4) the injury causes damages that the legal system could address.

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

Depending on the facts of the situation, the plaintiff (the patient or their legally appointed representative) or their attorney may present the claim to state or federal court. The majority of malpractice cases are filed in state court, however under limited circumstances, a medical malpractice lawsuit may be filed in federal district court.

Wrong Surgery

The wrong-site surgery isn't common however, it could be a case of medical malpractice when the procedure is performed in the wrong part of your body. This type of mistake is usually caused by miscommunications between the surgical team or pressures on production that result in surgeons having multiple surgeries scheduled at the same time. In these situations the surgeon isn't solely responsible for an incorrect-site operation because of a legal principle known as "res ipsa locquitur" which says that the result speaks for itself and cannot be blamed on negligence.

If a patient gets injured due to surgery performed on the wrong site the patient may require additional treatments to correct problems caused by the surgical mistake. This results in costly medical expenses for patients as well as their families. These expenses should be taken into consideration when calculating the financial consequences of medical malpractice claims.

Surgeons are typically found to be responsible for surgical mistakes because they are the individuals who are accountable for getting ready for the procedure, double-checking the patient's chart and medical records, communicating effectively with the other members of the medical team and making sure that the incision is done at the correct place. However, in certain instances hospitals or anesthesiologists may be held accountable. Medical Malpractice lawyers claims are usually filed in state courts, but in certain situations, they can be transferred to federal courts.