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Common Causes of Malpractice Litigation

Malpractice litigation can be a difficult procedure. The question of whether or not an error is considered to be malpractice is dependent on whether the patient is able to establish four legal elements: a professional duty and breach of this duty; harm resulting from the breach; and damages that can be quantifiable.

Plaintiffs must also prove the facts using evidence, such as expert testimony and depositions.

Undiagnosed or Incorrectly Diagnosed

The inability of a doctor to accurately diagnose an illness or injury can lead to grave complications, or even death. Many medical malpractice cases result from misdiagnosis. To establish negligence, a patient or their lawyer must prove that a qualified doctor in similar circumstances would not have misdiagnosed a problem.

The misdiagnosis of a patient does not always mean negligence. Even the most experienced and highly trained doctors make mistakes. Therefore, the claim of malpractice must be supported by other elements like breach, proximate causation, and actual injury. For instance the case where a physician does not take the time to clean their equipment prior the time they administer anesthesia to a patient and Malpractice lawyer they develop an infection because of it, the doctor could be guilty of malpractice.

In most cases, lawsuits that allege malpractice will be filed in the state trial court in which the malpractice was alleged to have occurred. However, federal courts might be able to hear cases in specific circumstances. A claim may be filed before federal court in certain circumstances. For example, it may involve an issue regarding the statute of limitations or in the event that the parties have different nationalities. Certain disputes are settled via arbitral arbitration, which is a binding process. This is a less formal procedure which involves professional decision makers and is designed to reduce costs, expedite legal proceedings and eliminate the risk of overly generous juries. Arbitration is not available in all instances of malpractice lawyer (read more on Encoskr`s official blog).

The wrong dosage of medication

Medication errors, also referred to as medication errors, are one of the most common causes of medical malpractice suits. They can be the result of a doctor prescribing a prescription in error or delivering the wrong dose to a patient. These errors are usually preventable. In certain circumstances, a hospital staff member, a pharmacist or other health care professionals could be held responsible for the harms suffered by the patient who received the wrong drug dosage.

A doctor could prescribe the wrong medication as a result of a misdiagnosis. Or, simply making a mistake in the prescription. A health care professional may also administer the incorrect dosage due to a lapse 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 instances, a physician might delay administering the correct medication to the patient, resulting in their condition deteriorating.

A person who suffers from a medical malpractice claim must prove, for the sake of winning a malpractice lawsuits claim that the medical professional violated their professional standards and that their injuries were directly caused by the negligence. This requires medical expert testimony. A medical malpractice case also must establish the extent and malpractice lawyer the damages caused by the victim's injuries. This includes the cost of treatment for a patient and any wages lost. The more the loss, the higher the value of the claim.

Unskillful Procedure

It's not likely that medical professionals could perform the wrong procedure on a patient however, this type of event is quite common. A surgeon who makes this mistake could be held responsible for malpractice. However those who are injured by a surgical mistake may also be held liable for any negligence that occurred along the process.

Any health care professional who is alleged to be negligent must prove that the patient was injured by a specific act or omission to act. To prove this the legal team of the patient must prove that (1) the doctor was bound by an obligation to provide care or treatment; (2) that the doctor breached the duty of care; (3) that there is a direct causal relationship between the breach and the injury and (4) that the injury results in damages that the legal system can be able to address.

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

Based on the circumstances, the plaintiff (the person who filed the claim or their legal representative) or their lawyer may choose to file in state or federal court. Most malpractice cases are filed in state court, however under limited circumstances, a medical malpractice case can be brought in federal district court.

Wrong Surgery

The procedure that is performed on the wrong site is not common but it can be considered medical malpractice when the procedure is done in the wrong part of your body. This kind of error is usually the result of miscommunications between members of the surgical team, or by pressures in the production process that result in surgeons being assigned several surgeries to perform at the same time. In these situations, the surgeon is not alone in his or her liability for a wrong-site surgery because there is an underlying legal principle referred to as "res ipsa loquitur" which means that the effect of the error is evident and cannot be traced to negligence.

If the patient is injured during a wrong-site procedure and is injured, they may require additional procedures in order to correct issues that were caused by the error. Patients and their family members are left with hefty medical bills. It is important to consider these costs when calculating the financial burden of medical malpractice attorney claims.

Surgeons are most often accountable for surgical errors because they are the ones who are responsible for getting ready for the procedure by double-checking patient's chart and medical records, communicating effectively with other members of the medical team, and making sure that the incision has been done at the correct place. In some instances, a hospital or anesthesiologist can also be held liable. Medical malpractice cases are usually filed in state court but they may be transferred under certain circumstances to federal court.