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Common Causes of Malpractice Litigation

Malpractice litigation is a complex procedure. If an error is considered to be malpractice is dependent on the ability of the patient to establish four legal elements such as a professional duty; breach of this duty; injury caused by the breach and tangible damages.

Plaintiffs must also prove the elements by using evidence such as expert testimony and depositions.

Undiagnosed or Incorrectly Diagnosed

A physician's inability to diagnose an illness or injury can result in serious complications or even death. The misdiagnosis of a patient is a frequent cause of medical negligence. To prove negligence, malpractice lawyers the patient or their attorney must demonstrate that a competent doctor in similar circumstances and working in the same area would not have misdiagnosed the problem.

There are many misdiagnosis that could be considered negligence, but. Even highly experienced and trained doctors are not immune to mistakes. Therefore, a claim of malpractice must be backed by other factors, such as breach, proximate cause and actual injury. For instance, if a physician is not careful to sterilize their equipment before administering anesthesia, and the patient develops an infection in the process, the doctor could be guilty of malpractice.

In the majority of cases, lawsuits that allege malpractice will be filed in the state trial court in which the alleged malpractice took place. Federal courts may be able to handle the case in certain situations. A claim can be brought before federal court in certain circumstances. For example it could be the issue of a statute of limitation or if the parties are of different citizenships. Certain disputes are settled via binding arbitration. This is a less formal procedure which involves professionals who make the decisions. It is designed to minimize costs, expedite the legal process, and reduce the risk associated with overly large juries. Arbitration is not available in all instances of misconduct.

Dosage for a drug that is not correct

Medication errors, often referred to as medication mistakes, are one of the leading causes of medical malpractice suits. They can involve a physician writing a prescription that is not correct or giving the wrong dosage to patients. These errors are usually preventable. In certain circumstances the hospital or its staff, pharmacist or other health care professionals may be held liable for the harms suffered by a patient who was prescribed the wrong dosage of medication.

A doctor could prescribe the wrong medication because of a misdiagnosis. Or, simply making a mistake in the prescription. A health care professional could also prescribe the wrong dose due to an interruption in communication for instance, when nurses read a doctor's handwritten script incorrectly or the pharmacist makes a mistake in filling the prescription. In other cases the doctor could delay giving the correct medication, which can lead to the patient's condition getting worse.

A plaintiff must prove for the sake of winning a Malpractice lawyers claim that the medical professional violated their standard of practice and that their injuries were directly attributed to the negligence. This requires medical expert testimony. Additionally, a medical malpractice claim must establish the extent of the victim's injuries as well as the damages they suffered because of the negligence. This includes the cost of treatment and any lost wages. Generally, the greater a person's losses are then, the more valuable the claim will be.

Unskillful Procedure

This type of incident is not uncommon. It may seem like a challenge for medical professionals to perform the incorrect procedure on patients, but it's true. The surgeon who commits this kind of error could be held accountable for malpractice. A patient who is injured as a result of an error during surgery may be held liable for any negligence that occurred during the procedure.

Any health care professional who is alleged to be negligent must show that the patient was hurt through a specific act or omission to act. To establish this the legal team representing the patient must show that: (1) the doctor had a duty to provide care or treatment; (2) that the doctor did not fulfill 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 could address.

A breach of duty of care is no meaning unless it results in injury. This is the reason why medical malpractice cases tend to be based on the legal doctrine "res ipsa locquitur" which states that certain injuries are so obvious 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 attorney may decide to file the claim in federal or state court. The majority of malpractice cases are filed with state courts, but in certain situations a medical negligence case can be brought to federal district court.

Wrong Surgery

A wrong-site procedure is a rare error, but it may be considered medical malpractice when the procedure is performed on the wrong area of the body. This kind of error usually occurs as caused by miscommunication between the members of a surgical team, or production pressure that results in a surgeon being assigned multiple surgeries simultaneously. In these situations the surgeon isn't solely responsible for an incorrect-site procedure due to the legal principle known as "res ipsa locquitur", which states that the outcome is a matter of fact and cannot be attributed to negligence.

If someone is injured during a wrong-site procedure and is injured, they may need additional procedures to correct problems that were exacerbated by the mistake. Patients and their families are left with high medical bills. These expenses should be considered when calculating the financial impact of medical malpractice claims.

Most often surgeons are held accountable for surgical errors. They are accountable in preparing the patient for the procedure, checking the medical records and charts of the patient, communicating with the medical staff, and ensuring that the incision was placed in the proper location. However, in certain instances an anesthesiologist or Malpractice Lawyers a hospital could be held accountable. Medical malpractice lawsuits claims are generally filed in state courts, however, under certain circumstances, they can be transferred to federal courts.