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Common Causes of Malpractice Litigation

Malpractice litigation is a tense procedure. Whether or not an error is considered to be malpractice is dependent on the ability of the patient to prove four legal elements such as a professional duty; breach of this duty; harm caused by the breach and damages that can be quantifiable.

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

The wrong diagnosis or the inability to diagnose

A physician's inability to diagnose an illness or injury could result in grave complications, or even death. Misdiagnosis is a common cause of medical malpractice. To prove negligence, a person or their lawyer needs to prove that a seasoned doctor in similar circumstances would not have misdiagnosed a problem.

Not every misdiagnosis is negligence, but. Even the most skilled and trained doctors make mistakes, and any claim of malpractice has to be supported by other elements like breach, proximate cause and actual injury. If a doctor fails sterilize his equipment prior to giving anesthesia, and the patient becomes infected because of this, the doctor could be liable.

In most cases, lawsuits that allege malpractice will be filed in the state trial court where the alleged malpractice took place. Federal courts may, however, have jurisdiction in certain situations. For instance, a claim could be filed in federal court if there is the interpretation of the time limit or when there is a significant variety of citizenship among those involved in the dispute. Certain disputes are settled through arbitral arbitration, which is a binding process. This is a less formal process that involves professional decision makers. It is designed to minimize expenses, speed up the legal proceedings, and eliminate the risk of overly large juries. Arbitration is not accessible in all cases of misconduct.

Wrong Drug Dosage

Medication errors, also known as medication mistakes, are one of the main causes of medical malpractice lawsuits. They can result from a doctor writing a prescription that is not correct or administering the wrong dosage to a patient. These mistakes are often avoidable. Based on the circumstances the pharmacy, malpractice lawsuit hospital or other health care provider could be held accountable for injuries caused by a patient who received the wrong dosage of a medication.

A doctor may prescribe the wrong medication because of a misdiagnosis. Or, simply misreading the prescription. A health professional can also administer the incorrect dosage because of a glitch in communication. For example the nurse might read a doctor's script incorrectly or a pharmacist may make an error when filling the prescription. In other situations, a doctor could delay the proper medication to the patient, resulting in their condition becoming worse.

A victim must prove, to be successful in a malpractice lawsuit claim that the medical professional violated their professional standards and that their injuries were directly caused by the negligence. This requires the testimony of a medical expert. A medical malpractice case also must prove the extent and the damages caused by the victim's injuries. This includes the cost of treatment for a patient and any lost wages. The more loss you suffer, the higher the value of the claim.

The wrong procedure

This kind of situation is not uncommon. It may seem like a challenge for medical professionals to carry out the incorrect procedure on patients but it's true. The surgeon who commits this kind of error could be held responsible for negligence. Patients who are injured as a result of an error during surgery may be held responsible for any errors that occured during the procedure.

Any health professional who is accused of misconduct must prove that the patient was harmed through a specific act or inaction. To prove this, the legal team of the patient must demonstrate: (1) that the doctor was required to care for or malpractice lawsuit treat the patient; (2) that he failed to fulfill his obligation; (3) that a causal link exists between the negligence and injury; and (4) the harm results in damages that the legal system can deal with.

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

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

Wrong Surgery

Surgery performed on the wrong site is a very rare error, but it may be considered medical malpractice when the procedure is carried out on the wrong portion of the body. This type of error is usually caused by a lack of communication between the members of a surgical team, or production pressure that leads to an individual surgeon being assigned multiple surgeries at one time. In these instances, the surgeon is not alone in his or her responsibility for a surgical error that is not performed correctly because there is the legal principle known as "res ipsa loquitur" which means that the effect of the error is evident and cannot be traced to negligence.

If the patient is injured during an incorrect procedure, he or her may require additional procedures in order to correct problems that were aggravated by the error. This can result in high medical bills for patients and their families. It is important to take these costs into account when calculating the financial burden of medical malpractice claims.

Surgeons are often found to be responsible for surgical mistakes since they are the ones who are responsible for properly making preparations for the operation by double-checking patient's chart and medical records, coordinating effectively with the other members of the medical team, and making sure that the incision has been placed at the right place. In some instances, a hospital or anesthesiologist can also be held liable. Medical malpractice claims are usually filed in state courts, but in certain situations they may be transferred to federal court.