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Common Causes of Malpractice Litigation

malpractice lawyers litigation can be a difficult procedure. Whether or not an error constitutes malpractice depends on the ability of the patient to establish four legal elements such as a professional duty breach of this duty; harm caused by the breach and tangible damages.

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

Incorrect diagnosis and failure to diagnose

Failure to identify an injury or illness correctly could lead to serious complications, or even death. Incorrect diagnosis is a common reason for medical malpractice. To prove negligence the patient or their lawyer must demonstrate that a competent physician under similar circumstances and working in the same specialty would not have misdiagnosed the condition.

It is not always a case of malpractice, however. Even the most experienced and highly trained doctors make mistakes, therefore a claim of malpractice must be backed by other elements like breach, proximate causation and actual injury. For instance when a doctor fails to properly sterilize their equipment prior to administering anesthesia and the patient develops an infection due to the infection, the doctor could be found to be negligent.

Lawsuits that claim malpractice are usually filed in state trial courts where the alleged malpractice occurred. However, federal courts may be able to hear cases in specific circumstances. A claim may be filed before a federal court under certain circumstances. For instance it could be disputes over a statute of limitation or if the parties are of different nationalities. Certain disputes are settled through arbitral arbitration, which is a binding process. This is a less formal process which involves professionals who make the decisions. It is designed to cut costs, speed up legal proceedings, Malpractice Lawsuits and eliminate the risk of overly generous juries. Arbitration is not accessible in all cases of misconduct.

Dosage for a drug that is not correct

Medication errors are one of the most common causes of medical malpractice lawsuits. These errors could be caused by a physician who writes a prescription in the wrong format or giving the patient the wrong dosage. These errors are generally preventable. According to the circumstances the situation, a pharmacist, a hospital or other health care providers could be held accountable for injuries caused by a patient who was given the wrong dose of a drug.

A doctor could prescribe incorrect medication to a patient because of an incorrect diagnosis or simply because he/she misreads the prescription. A health care professional may also administer the incorrect dosage due to a breakdown in communication. For instance nurses might take a doctor's prescription and read it incorrectly or malpractice lawsuits a pharmacist might make a mistake when filling the prescription. In other cases the doctor might delay giving the correct medication, which could cause the patient's condition to worsening.

A victim must prove, to be successful in a malpractice claim that the medical professional breached their standards of practice and that their injuries were directly caused by the negligence. This requires medical experts to testify. A medical malpractice case must establish the extent and damage of the victim's injuries. This includes the costs of treatment as well as any lost wages. In general, the greater a person's losses are in the greater value of the claim will be.

Unskillful Procedure

This type of incident is not unusual. It may seem impossible for medical professionals to carry out the wrong procedure on patients, however, it is a reality. A surgeon who commits this mistake could be held responsible for malpractice. However patients who are injured by a surgical mistake could also be held responsible for any negligence that occurred the way to the procedure.

Any health professional who is accused of malpractice must show that the patient was harmed due to a specific act or omission to act. To prove this, the legal team of the patient has to prove: (1) that the doctor was obligated to provide treatment or care to the patient; (2) that he violated his duty; (3) that a causal connection exists between the breach and the injury and (4) the harm results in damages that the legal system could address.

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

Based on the facts the plaintiff (the person who filed the claim or their legal representative) or their lawyer could decide to file a lawsuit in federal or state court. The majority of malpractice cases are filed in state courts, however in certain situations medical malpractice lawsuits can be filed in federal district court.

Wrong Surgery

Surgery performed on the wrong site is a very rare error, but it could be considered medical negligence if the procedure is performed on the wrong part of the body. This type of error is often caused by a lack of communication between members of a surgical team, or production pressure that leads to an individual surgeon being assigned multiple surgeries simultaneously. In these cases the surgeon is not solely responsible for a wrong-site procedure due to a legal principle known as "res ipsa locquitur" which states that the outcome is a matter of fact and cannot be attributed to negligence.

If a patient gets injured by wrong-site surgery and is injured, they may require additional procedures to repair problems exacerbated due to the surgical error. This results in costly medical expenses for the patient and their families. These costs should be taken into consideration when calculating the financial consequences of medical malpractice lawsuits.

Surgeons are usually found to be responsible for surgical mistakes since they are the ones who are accountable for prepping for the operation and double-checking the patient's medical chart and medical records, coordinating effectively with other members of the medical team, and making sure that the incision is done at the correct place. In certain instances the hospital or anesthesiologist can also be held liable. Medical malpractice claims are generally filed in state courts. However, in certain situations they may be transferred to federal court.