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Common Causes of Malpractice Litigation

Malpractice litigation is a tense procedure. The question of whether or not an error is malpractice based on whether the patient is able to prove four legal elements such as a professional duty; breach of this duty; harm resulting from the breach; and tangible damages.

Plaintiffs must also prove these elements by presenting evidence like expert testimony, depositions and discovery.

Misdiagnosis and Failure to Diagnose

The inability of a doctor to diagnose an illness or injury could lead to grave complications, or even death. The misdiagnosis of a patient is a frequent reason for medical negligence. To establish negligence, a patient or their lawyer must demonstrate that an experienced doctor in similar circumstances would not have misdiagnosed a condition.

It is not always a case of malpractice, however. Even highly trained and experienced doctors make mistakes, therefore a claim of malpractice must be supported by other elements such as breach, proximate causality and actual injury. For instance, if a physician does not properly sterilize their equipment prior to administering anesthesia and the patient suffers an infection in the process the doctor may be guilty of malpractice.

Lawsuits that claim malpractice are usually filed in state trial courts, where the alleged misconduct occurred. However, federal courts may be able to hear cases in specific circumstances. For Malpractice lawyer instance, a case may be brought in federal court if it involves the interpretation of the time limit or in the event of a significant variety of citizenship among the parties involved in the case. Alternatively, some claims are settled through voluntary binding arbitration. This is a less formal procedure which involves professional decision makers and is designed to reduce costs, speed up legal proceedings and remove the possibility of excessively generous juries. Arbitration is not available in all cases of malpractice.

Dosage for a drug that is not correct

Medication errors, also known as medication errors are among the leading causes of medical malpractice suits. These errors could be caused by a physician submitting prescriptions in a wrong format or giving the patient the incorrect dosage. These errors are usually avoidable. In the event of an incident the situation, a pharmacist, a hospital or other health care provider could be held accountable for the harm caused by a patient who was given the wrong dose of a medication.

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 professional may also give the wrong dosage because of a glitch in communication. For instance, a nurse may interpret a doctor's prescription incorrectly or a pharmacist may make an error when filling the prescription. In other cases the doctor might delay the proper medication, which can cause the patient's illness to getting worse.

A plaintiff must prove to be successful in a malpractice claim, that the medical professional breached their professional standards and that their injuries were directly attributed to the negligence. This requires medical experts to testify. Moreover, a medical malpractice lawyers case must establish the severity of the victim's injuries and the damages they suffered because of the negligence. This includes the cost of treatment for a patient and any wages lost. In general, the greater a loss is and the greater the value of the claim will be.

Wrong Procedure

It may seem impossible that medical professionals could perform the incorrect procedure on a patient, but this type of incident is quite common. A surgeon who commits this mistake could be held accountable for malpractice lawyer. However, a patient who is injured as a result of a surgical error can also be held accountable for any negligence that occurred along the way to the procedure.

A health professional accused of malpractice has to prove that the patient was injured because of the specific act or inability to perform the act. To prove this the legal counsel of the patient must demonstrate that: (1) the doctor was under an obligation to provide treatment or treatment; (2) that the doctor breached this duty; (3) that there is a direct causal connection between the breach and the injury; and (4) that the injury results in damages that the legal system is able to address.

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

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

Wrong Surgery

The wrong-site surgery is a common error, but it can be considered medical negligence if the procedure is carried out on the wrong portion of the body. This kind of error usually occurs as caused by miscommunication between members of a surgical team or production pressure that leads to an individual surgeon being assigned multiple surgeries at once. In these cases the surgeon is not solely accountable for a mistaken-site procedure due to a legal rule known as "res ipsa locquitur", which states that the outcome speaks for itself and cannot be attributed to negligence.

If a patient gets injured during surgery that is performed on the wrong site, he or she may require additional procedures to correct problems exacerbated by the surgical mistake. This results in costly medical expenses for the patient and their families. It is important to take these costs into account when calculating the financial costs of medical malpractice lawsuits.

Most often surgeons are liable for surgical errors. They are responsible to prepare the patient for the procedure, as well as checking the chart and malpractice lawyer medical records of the patient, coordinating with the rest of the medical personnel, and ensuring that the incision was placed at the right place. However, in some cases an anesthesiologist or a hospital could also be held responsible. Medical malpractice claims are usually filed in state courts. However, under certain circumstances, they can be transferred to federal court.