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Common Causes of Malpractice Litigation

Malpractice litigation is a complicated procedure. Whether or not an error is considered to be malpractice is dependent on whether the patient can establish four legal elements which include professional duty; breach of this duty; harm due to the breach and damages that can be quantifiable.

Plaintiffs must also prove these elements through evidence like expert testimony, depositions, or discovery.

Undiagnosed or Incorrectly Diagnosed

Failure to diagnose an injury or illness accurately can result in serious complications, or even death. It is a typical reason for medical malpractice. To show negligence, the patient or their lawyer must show that an experienced doctor in similar circumstances would not have misdiagnosed a condition.

Every misdiagnosis can be considered to be malpractice, however. Even highly skilled and experienced doctors can make mistakes. Therefore, a claim of malpractice must be backed by other factors such as breach, proximate cause and actual injury. If a doctor does not sterilize his equipment prior the time he administers anesthesia and the patient gets infected because of this, the doctor may be guilty.

Lawsuits alleging malpractice are typically filed in state trial courts, where the alleged misconduct occurred. However, federal courts might have jurisdiction in certain situations. A claim can be brought before a federal court in specific circumstances. For example it could be a dispute about a statute of limitation or if the parties are of different nationalities. Certain disputes are settled via binding arbitration. This is a less formal process that involves professionals who make the decisions. It is intended to cut costs, speed up legal proceedings and eliminate the risk of overly generous juries. However, arbitration isn't accessible for all claims of malpractice.

Wrong Drug Dosage

Medication errors are one of the main causes of medical malpractice lawsuits (please click the following internet page). These errors are caused by a physician who writes prescriptions in a wrong format or giving the patient the wrong dosage. These mistakes are usually avoidable. Based on the circumstances the situation, a pharmacist, a hospital or other health care providers could be held responsible for injuries caused by patients who were given the wrong dose of a medication.

A doctor could prescribe the wrong medicine because of a misdiagnosis or by simply making a mistake in the prescription. A health professional could also prescribe the wrong dosage due to an inability to communicate like when the nurse reads the doctor's handwritten prescription incorrectly or the pharmacist commits an error in filling out the prescription. In other instances the doctor might delay the proper medication, which can cause the patient's condition to worsening.

A person seeking compensation must prove, for the sake of winning a malpractice law firm lawsuit that the medical professional breached their standard of practice and that their injuries were directly caused by the negligence. This requires medical experts to be able to testify. A medical malpractice claim also must prove the extent and damage of the victim's injuries. This includes the cost of treatment as well as any lost wages. Generally, the greater a loss is in the greater value of the claim will be.

Incorrect Procedure

This kind of situation is not uncommon. It may seem impossible for medical professionals to carry out the wrong procedure on patients, but it does happen. If a surgeon makes this kind of error could be held to be liable for malpractice. However patients who are injured by a surgical mistake may also be held liable for any negligence that occurred during the path to the procedure.

A medical professional accused of malpractice has to prove that the patient was injured because of an act or failure to take action. To prove this the legal team of the patient must show: (1) that the doctor was obligated to care for or treat the patient; (2) that he violated his duty; (3) that a causal link exists between the negligence and injury; and (4) the injury results in damages the legal system could address.

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

Depending on the facts the plaintiff (the person who filed the claim, or their legal representative) or their lawyer could choose to file in state or federal court. The majority of malpractice cases are filed in state court, but in certain circumstances medical malpractice lawsuits can be filed in federal district court.

Wrong Surgery

The procedure that is performed on the wrong site is not common but it can be considered medical malpractice if the procedure is performed in the wrong part of your body. This type of error is usually caused by a lack of communication between the surgical team, or due to pressures in the production process that result in the surgeon performing multiple surgeries at once. In these instances the surgeon is not solely responsible for a wrong-site operation due to the legal principle known as "res ipsa locquitur" which says that the outcome speaks for itself and cannot be attributed to negligence.

If an individual is injured in an operation that was performed on the wrong site it is possible that the patient will need additional procedures to correct problems that were made worse by the error. Patients and their family members are left with hefty medical bills. These expenses must be considered when calculating the financial consequences of medical malpractice claims.

Surgeons are often accountable for surgical errors as they are the ones who are accountable for making preparations for the operation, double-checking the patient's chart and medical records, coordinating effectively with the other members of the medical team, and making sure the incision is made on the correct site. However, in certain instances a hospital or anesthesiologist may also be liable. Medical malpractice claims are generally filed in state courts. However, in certain situations, they can be transferred to federal courts.