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Common Causes of Malpractice Litigation

Malpractice litigation involves a complex procedure. The question of whether or not an error is malpractice based on the ability of the patient to establish four legal elements: a professional duty breach of this duty; harm caused by the breach and tangible damages.

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

Misdiagnosis or Failure to Diagnose

A physician's inability to accurately diagnose an illness or injury could result in serious complications or even death. Incorrect diagnosis is a common reason for medical malpractice. To show negligence, the patient or their lawyer needs to prove that a seasoned doctor in similar circumstances would not have misdiagnosed an illness.

The misdiagnosis of a patient does not always mean malpractice. Even highly experienced and trained doctors can make errors. Therefore, a claim of malpractice must be supported with other elements like breach, proximate cause or actual injury. If a physician fails to sterilize his equipment prior the time he administers anesthesia, and the patient gets infected because of this, he could be held accountable.

Legal actions claiming malpractice are usually filed in state trial courts, where the alleged malpractice occurred. However, federal courts could be able to handle cases in certain circumstances. A claim may be filed before a federal court in specific circumstances. For example it could be a dispute about the statute of limitations or when the parties have different nationalities. Certain claims are settled through arbitration that is binding and voluntary. This is a less-formal process which involves professionals who make the decisions. It is designed to lower costs, expedite the legal proceedings, and eliminate the risk of overly large juries. However, arbitration is not accessible for all malpractice claims.

Dosage of a drug that is incorrect

Medication errors, also known as medication mistakes are among the main reasons for medical malpractice suits. They can be the result of a doctor prescribing the wrong medication or giving the wrong dosage to a patient. These mistakes are usually avoidable. According to the circumstances the hospital or its staff, pharmacist or other health professionals could be held responsible for the harms suffered by a patient who was given the wrong drug dosage.

A doctor could prescribe the wrong medication to a patient as a result of an inaccurate diagnosis or simply due to a misreading of the prescription. A health care provider may also prescribe the wrong dosage because of an inability to communicate, such as when a nurse reads a doctor's handwritten script incorrectly or the pharmacist commits an error in filling out the prescription. In other cases the doctor may delay giving the correct medication, which can lead to the patient's condition getting worse.

A person who suffers from a medical malpractice claim must prove, in order to prevail on a malpractice lawsuit, that the medical professional violated their standard of practice and that their injuries were directly attributed to the negligence. This requires the testimony of a medical expert. In addition, a medical mishap case must establish the severity of the injuries suffered by a victim and the damage they sustained as a result of the negligence. This includes the cost of treatment as well as any lost wages. Generally, the greater a loss is and the greater the value of the claim will be.

Unskillful Procedure

This kind of situation is not unusual. It might seem impossible for medical professionals to carry out the incorrect procedure on patients, but it does happen. A surgeon who makes this error may be held accountable for malpractice. If a patient is injured as a result of an error in surgery could be held liable for any mistakes that were made during the procedure.

A health professional accused of malpractice has to prove that the patient was injured as a result of the specific act or inability to act. To prove this, the legal team representing the patient must show: (1) that the doctor was required to care for or treat the patient; (2) that he violated his duty; (3) that a causal link exists between the breach and the injury; and (4) the injuries result in damages that the legal system could address.

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

Depending on the facts of the situation, the plaintiff (the patient or their legally designated representative) or their lawyer may make the claim in a federal or state court. Most malpractice cases are filed in state court, however under certain circumstances, a medical malpractice case could be filed in federal district court.

Wrong Surgery

The wrong-site procedure is rare, but can be considered medical malpractice if the procedure is performed in the wrong area of your body. This kind of error is often due to miscommunication between the members of a surgical team, or malpractice production pressure that leads to a surgeon being assigned multiple surgeries at once. In these instances the surgeon isn't solely accountable for a mistaken-site operation because of the legal principle known as "res ipsa locquitur" which says that the result speaks for malpractice itself and cannot be attributed to negligence.

If an individual is injured in an incorrect procedure the patient may need additional procedures to correct problems that were made worse by the error. Patients and their families are left with high medical bills. These expenses must be considered when calculating the financial consequences of medical malpractice law firm lawsuits.

Surgeons are typically accountable for surgical errors because they are the individuals who are accountable for getting ready for the procedure and double-checking the patient's medical chart and medical records, communicating effectively with the other members of the medical team and making sure the incision is done at the correct place. In certain instances the hospital or anesthesiologist may also be held responsible. Medical malpractice claims are typically filed in state court, however, they can be transferred under certain circumstances to federal court.