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Common Causes of Malpractice Litigation

Malpractice litigation is a complicated process. If a patient can demonstrate four factors, it will determine whether or not the mistake is fowler malpractice law firm. These are professional obligations and a breach of that obligation; a repercussion from the breach; and quantifiable damage.

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

The wrong diagnosis or the inability to diagnose

A physician's inability to accurately diagnose an illness or injury can lead to serious complications or even death. Many medical malpractice cases result from misdiagnosis. To show negligence, the patient or their lawyer needs to prove that a seasoned doctor in similar circumstances would not have misdiagnosed a condition.

Misdiagnosis does not always constitute malpractice. Even highly-trained and experienced doctors can make mistakes. Therefore, a claim for malpractice must be backed by other factors such as breach, proximate cause or actual injury. If a physician fails to sterilize his equipment before administering anesthesia, and the patient becomes infected as a result of this, the doctor could be held accountable.

In most instances, lawsuits claiming malpractice will be filed in the state trial court in which the alleged malpractice took place. Federal courts may, however, have jurisdiction in certain situations. For instance, a claim may be brought in federal court if it is an issue regarding the time limit or when there is a significant difference in citizenship among the parties to the case. Certain disputes are settled through binding arbitration. This is a less formal procedure which involves professionals who make the decisions. It is designed to cut costs, expedite the legal process, and remove the risk that comes with large juries. However, arbitration is not available for all malpractice claims.

The wrong dosage of medication

Medication errors, often referred to as medication errors, are one of the main reasons for medical malpractice suits. They can be caused by a physician prescribing the wrong medication or giving the wrong dosage to the patient. These mistakes are usually preventable. Based on the circumstances an individual pharmacy, hospital or other health care providers could be held responsible for the injuries resulting from a patient who received the wrong dose of a drug.

A doctor could prescribe the incorrect medication to a patient because of an inaccurate diagnosis or simply because he/she misreads the prescription. A health professional can also administer the incorrect dosage because of a glitch in communication. For example nurses may not read a doctor's prescription correctly or a pharmacist could make an error when filling the prescription. In other cases the doctor might delay delivering the correct medication, which could lead to the patient's condition worsening.

A person seeking compensation must prove, in order to prevail on a malpractice lawsuit that the medical professional breached their professional standards and that their injuries were directly caused by the negligence. This requires medical experts to be able to testify. A medical malpractice claim also must establish the extent and damages of the victim's injuries. This includes the cost of a person's treatment and any lost wages. The greater the loss the greater the value of the claim.

The wrong procedure

It might seem absurd that medical professionals would perform the wrong procedure on a patient however, this type of event occurs. If a surgeon makes this error may be held accountable for negligence. However, a patient who is injured as a result of a surgical error could also be held responsible for any negligence that occurred along the process.

A medical professional accused of malpractice has to prove that a patient was injured by a specific act, or failure to act. To establish this the legal team of the patient must show that: (1) the doctor was in an obligation to provide 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 could 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 that they can be explained only through negligence.

Based on the facts, the plaintiff (the person who filed the claim, or their legal representative) or their attorney may decide to file the case in federal or state court. The majority of malpractice cases are filed in state court, however in certain circumstances, a medical malpractice lawsuit may be filed in federal district court.

Wrong Surgery

A wrong-site procedure is a rare mistake, but it could be considered medical negligence if the procedure is performed on the wrong side of the body. This kind of error is often caused by miscommunications between the surgical team, or pressures on production that result in surgeons being assigned multiple surgeries scheduled at the same time. In these cases, the surgeon is not solely responsible for his or her liability for a wrong-site surgery because there is the legal principle known as "res ipsa loquitur" which means that the outcome of the error speaks for itself and cannot be attributed to negligence.

If an individual is injured in an incorrect procedure, he or her may require additional procedures to fix problems that were aggravated by the mistake. Patients and their families are left with expensive medical bills. It is essential to keep these costs in mind when calculating the financial costs of medical Sparta Malpractice Lawsuit claims.

The majority of times surgeons are accountable for surgical mistakes. They are accountable in preparing the patient prior to the procedure, as well as checking the medical record and chart of the patient, coordinating with the rest of the medical personnel, and ensuring that the incision was made at the correct location. However, in certain instances an anesthesiologist or a hospital could also be liable. Medical malpractice claims are usually filed in state courts, but under certain circumstances they may be transferred to federal courts.