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Common Causes of Malpractice Litigation

Malpractice litigation involves a complex process. 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 breach of this duty; injury resulting from the breach; and quantifiable damages.

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

Incorrect diagnosis and inability to diagnose

The failure of a physician to accurately diagnose an illness or injury could lead to serious complications or even death. The misdiagnosis of a patient is a frequent cause of medical negligence. To prove negligence, the patient or their attorney must show that a competent physician under similar circumstances and in the same area would not have misdiagnosed the condition.

A misdiagnosis is not always negligence. Even the most skilled and trained doctors make mistakes, therefore any claim of malpractice has to be supported by other elements like breach, proximate causality and actual injury. For example If a doctor does not properly sterilize their equipment before administering anesthesia to a patient and they develop an infection because of it, the doctor could be guilty of malpractice.

In the majority of instances, lawsuits claiming malpractice will be filed in the state trial court where the alleged malpractice took place. Federal courts can, however, have jurisdiction in certain circumstances. A case may be brought before federal court in certain circumstances. For instance it could be an issue regarding the statute of limitations or if the parties are of different citizenships. Certain disputes are settled through arbitration that is binding and voluntary. This is a less formal process involving professional decision makers that is designed to cut costs, expedite legal proceedings and remove the possibility of excessively generous juries. Arbitration is not available in all instances of malpractice.

The wrong dosage of medication

Medication errors--also called medication mistakes--are one of the most frequent causes of medical malpractice attorneys lawsuits. These errors are caused by a physician who writes a prescription in the wrong format or giving the patient the incorrect dosage. These errors are usually avoidable. According to the circumstances, malpractice lawyers a hospital or its staff, a pharmacist or other health care professionals could be held accountable for the harms suffered by a patient who was given the wrong dose of medication.

A doctor could prescribe the wrong drug because of a misdiagnosis or by simply not understanding the prescription correctly. A health professional can also give the wrong dosage due to a breakdown in communication. For instance nurses might take a doctor's prescription and read it incorrectly or a pharmacist may fail to fill the prescription. In other cases the doctor might delay the proper medication, which could cause the patient's illness to worsening.

In order to be successful in a malpractice lawsuit, a victim must prove that the medical professional breached their standard of care, and that the negligence directly caused the injuries. This requires testimony from a medical expert. Additionally, a medical malpractice case must demonstrate the extent of a victim's injuries 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 person's losses are and the greater the value of the claim will be.

Incorrect Procedure

It might seem unlikely for medical professionals to perform the wrong procedure on a patient however, this type of event occurs. A surgeon who commits this kind of error could be held responsible for negligence. However those who are injured by a surgical mistake could also be held accountable for any negligence that occurred during the path to the procedure.

Any health professional who is accused of negligence must show that the patient was harmed due to a specific act or omission to act. To establish this the legal team of the patient must show: (1) that the doctor was required to provide treatment or care to the patient; (2) that he failed to fulfill his obligation; (3) that a causal link exists between the breach and injury and (4) the injuries result in damages that the legal system can address.

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

Depending on the circumstances, the plaintiff (the person who filed the claim or Malpractice Lawyers their legal representative) or their attorney may decide to file the case in federal or state court. Most malpractice attorney cases are filed in state court. However, in certain circumstances medical malpractice lawsuits can be filed in federal district court.

Wrong Surgery

The wrong-site procedure is rare however, it could be a case of medical malpractice when the procedure is done in the wrong part of your body. This kind of error is often caused by a lack of communication between members of a surgical team or production pressure that leads to the surgeon being assigned multiple surgeries at the same time. In these instances the surgeon isn't alone in his or her responsibility for a surgical error that is not performed correctly because there is an underlying legal principle referred to as "res ipsa loquitur" which means that the consequence of the error is evident and can be attributed to negligence.

If an individual is injured in an incorrect procedure, he or her may require additional procedures in order to correct problems that were made worse by the mistake. Patients and their families are left with high medical bills. It is crucial to take these costs into consideration when calculating the financial burden of medical malpractice claims.

Most often surgeons are accountable for surgical mistakes. They are accountable in preparing the patient prior to the procedure, checking the medical records and charts of the patient, coordinating with the medical personnel, and ensuring that the incision was placed in the proper location. However, in some cases an anesthesiologist or a hospital could also be accountable. Medical malpractice lawyers (hospital.tula-Zdrav.ru) lawsuits are usually filed in state courts. However, under certain circumstances they may be transferred to federal court.