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Common Causes of malpractice law firm Litigation

Malpractice litigation involves a complex procedure. Whether or not an error is malpractice based on whether the patient can establish four legal elements such as a professional duty and breach of this duty; injury caused by the breach and the possibility of quantifiable damages.

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

Incorrect diagnosis and failure to diagnose

A physician's inability to diagnose an illness or injury can result in grave complications, or even death. The misdiagnosis of a patient is a frequent reason for medical negligence. To prove negligence the patient or their attorney must prove that a competent doctor in similar circumstances and in the same area would not have misdiagnosed the condition.

There are many misdiagnosis that could be considered malpractice, however. Even highly experienced and trained doctors can make mistakes. Therefore, a claim of malpractice has to be backed by other elements such as breach, proximate reason and actual injury. If a doctor malpractice does not sterilize his equipment before administering anesthesia, and the patient develops an infection due to this, the doctor might be guilty.

In most instances, lawsuits claiming that there was a mistake will be filed in the state trial court where the alleged error occurred. However, federal courts may be able to handle cases in certain circumstances. For instance, a lawsuit could be filed in federal court if it involves disputes over the statute of limitations or when there is a substantial variety of citizenship among those involved in the dispute. Some claims are settled by binding arbitration. This is a less formal procedure that involves professionals who make the decisions. It is designed to cut costs, speed up legal proceedings and remove the possibility of excessively generous juries. However, arbitration is not accessible for all malpractice claims.

The wrong dosage of medication

Medication errors, also referred as medication mistakes, are one of the most common causes of medical malpractice suits. These errors could be caused by a physician submitting prescriptions in the wrong format, or giving the patient the wrong dosage. These errors are often preventable. In the event of an incident, a pharmacy, a hospital or other health care provider could be held accountable for the injuries resulting from a patient who received the wrong dosage of a drug.

A doctor may prescribe the incorrect medication to a patient because of an incorrect diagnosis or simply because they misread the prescription. A health care provider may also prescribe the wrong dose due to an interruption in communication like when a nurse reads the handwritten prescription of a doctor incorrectly or the pharmacist is mistaken in filling the prescription. In other cases the doctor may delay delivering the correct medication, which could cause the patient's illness to worsening.

A person who suffers from a medical malpractice claim must prove, malpractice for the sake of winning a malpractice lawsuit that the medical professional violated their professional standards and that their injuries were directly attributed to the negligence. This requires medical experts to provide evidence. A medical malpractice claim also must prove the extent and damage of the victim's injuries. This includes the costs of a person's treatment and any lost wages. The more money you lose, the higher the value of the claim.

Incorrect Procedure

It's not likely that medical professionals could perform the wrong procedure on a patient but this type of incident can occur. A surgeon who makes this error could be held liable for malpractice. However the patient who is injured as a result of a surgical error can also be held accountable for any negligence that occurred on the process.

A health care professional who is accused of malpractice must prove that the patient was injured as a result of the specific act or inability to perform the act. To establish this the legal team of the patient must prove: (1) that the doctor was legally obligated to treat or provide care to the patient; (2) that he did not fulfill that duty; (3) that a causal connection exists between the negligence and injury and (4) the injury results in damages the legal system can address.

A breach of the duty of care has no significance unless it causes injury that's why medical malpractice lawsuits are generally founded on a legal principle known as "res ipsa loquitur." This law states that, in many instances certain injuries are so obvious and recognizable that they can only be explained through negligent acts.

Depending on the circumstances of the case, the plaintiff (the patient or their legally appointed representative) or their lawyer may bring the case in state or federal court. The majority of malpractice cases are filed in state courts, however in certain circumstances the medical malpractice lawsuit may be filed in federal district court.

Wrong Surgery

The wrong-site surgery is rare, but can be considered medical malpractice in the event that the procedure is carried out in the wrong place on your body. This type of mistake is often caused by miscommunications between members of the surgical team or pressures in the production process that result in a surgeon having multiple surgeries scheduled at the same time. In these situations the surgeon isn't all-in on his responsibility for a surgery that was performed on the wrong site due to a legal rule known as "res ipsa loquitur" which means that the effect of the error is evident and can be attributed to negligence.

When a patient is injured due to surgery performed on the wrong site, he or she may require additional procedures to correct problems exacerbated by the surgical mistake. Patients and their families are left with expensive medical bills. These expenses must be considered when calculating the financial impact of medical malpractice lawsuits.

Most often surgeons are accountable for surgical mistakes. They are accountable for preparing the patient for the procedure, checking the medical record and chart of the patient, coordinating with the rest of the medical staff, and making sure that the incision was placed in the correct place. However, in some cases a hospital or anesthesiologist may also be held responsible. Medical malpractice cases are typically filed in state courts, however, in certain situations they may be transferred to federal court.