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Common Causes of Malpractice Litigation

Malpractice litigation involves a complex process. The question of whether or not an error is malpractice based on whether the patient is able to establish four legal elements such as a professional duty; breach of this duty; injury due to the breach and quantifiable damages.

Plaintiffs must be able to prove the elements using evidence, such as expert testimony and depositions.

The wrong diagnosis and the inability to recognize

The failure of a physician to accurately diagnose a disease or injury can result in grave complications, or even death. Many medical malpractice cases involve mistaken diagnosis. To establish negligence, a patient or their lawyer needs to prove that a qualified doctor in similar circumstances would not have misdiagnosed a condition.

There are many misdiagnosis that could be considered malpractice, however. Even highly skilled and experienced doctors make mistakes, and an allegation of malpractice needs to be supported by other elements like breach, proximate cause and actual injury. If a doctor fails to sterilize his equipment before administering anesthesia and the patient gets infected as a result of this, he could be liable.

Legal actions claiming malpractice are usually filed in state trial courts, where the alleged error occurred. Federal courts may be able to handle the case in certain circumstances. A case may be brought before a federal court in certain circumstances. For example, it may involve an issue regarding the statute of limitations or if the parties are of different citizenships. In other cases, certain claims are resolved through binding arbitration that is voluntary. This is a less formal procedure involving professional decision makers that is intended to cut costs, speed up legal proceedings and eliminate the possibility of excessively generous juries. Arbitration is not always available in cases of malpractice.

The wrong dosage of medication

Medication errors, often referred to as medication errors are among the main causes of medical malpractice lawsuits. These errors can be caused by a physician submitting prescriptions in the wrong format or giving the patient the incorrect dosage. These mistakes are usually avoidable. Based on the circumstances, a pharmacy, a hospital or other health care provider could be held responsible for the harm caused by patients who were given the wrong dose of a drug.

A doctor could prescribe wrong medication to a patient because of an inaccurate diagnosis or simply because he/she misreads the prescription. A health care provider may also prescribe the wrong dosage because of a breakdown in communication for example, when the nurse reads the doctor's handwritten prescription incorrectly or the pharmacist makes an error in filling out the prescription. In other situations doctors may delay the administration of the correct medication to the patient, which could result in their condition worsening.

To be successful in an action for malpractice, a victim must show that the medical professional did not meet their standard of care, and that negligence directly caused the injuries. This requires medical experts to provide evidence. Additionally, a medical malpractice claim must establish the extent of the injuries suffered by a victim and the damages they suffered as a result of the negligence. This includes the cost of treatment as well as any lost wage. In general, the greater a person's losses are, the more valuable the claim will be.

Incorrect Procedure

This kind of situation is not uncommon. It might seem unattainable for malpractice medical professionals to carry out the incorrect procedure on patients, however, it is a reality. A surgeon who makes this mistake could be held responsible for malpractice. However the patient who is injured by a surgical mistake can also be held accountable for any negligence that occurred the way to the procedure.

Any health professional who is accused of misconduct must show that the patient was hurt by a specific act or inaction. To prove this the legal team representing the patient must show: (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 link exists between the breach and injury; and (4) the injury results in damages the legal system can address.

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

Based on the facts of the case, the plaintiff (the patient or their legally designated representative) or their attorney can make the claim in a federal or state court. Most malpractice cases are filed in state courts, however under limited circumstances medical malpractice lawsuits can be filed in federal district court.

Wrong Surgery

The wrong-site surgery is a common mistake, but it could be considered medical malpractice when the procedure is performed on the wrong side of the body. This type of error is often the result of miscommunication between the members of a surgical team, or malpractice production pressure that results in the surgeon being tasked with multiple surgeries simultaneously. In these cases the surgeon isn't solely responsible for a wrong-site operation because of the legal principle of "res ipsa locquitur" which says that the outcome is a matter of fact and cannot be blamed on negligence.

When a patient is injured by wrong-site surgery the patient may require additional treatments to correct problems that are aggravated due to the surgical error. This could result in expensive medical expenses for patients as well as their families. These expenses should be considered when calculating the financial impact of medical malpractice (Highly recommended Website) lawsuits.

Most often, surgeons are held responsible for surgical mistakes. They are responsible in preparing the patient prior to the procedure, as well as checking the chart and medical records of the patient, communicating with the medical staff, and making sure that the incision was made at the correct location. In some instances hospitals or anesthesiologists can also be held liable. Medical malpractice cases are usually filed in state court, but may be transferred in certain circumstances to federal court.