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Common Causes of Malpractice Litigation

Malpractice litigation is a complicated procedure. Whether or not an error constitutes malpractice depends on whether the patient can establish four legal elements: a professional duty breach of this duty; injury caused by the breach and damages that can be quantifiable.

Plaintiffs must be able to prove the elements using evidence like expert testimony and depositions.

Misdiagnosis or Failure to Diagnose

A physician's inability to accurately diagnose an illness or injury could result in grave complications, or even death. The misdiagnosis of a patient is a frequent cause of medical malpractice. To prove negligence, the patient or their lawyer must demonstrate that a competent physician under similar circumstances and in the same specialty would not have misdiagnosed the condition.

Misdiagnosis doesn't always mean malpractice. Even highly skilled and experienced doctors are not immune to mistakes. Therefore, malpractice lawyers a claim for malpractice must be backed by other factors like breach, proximate cause and actual injury. For instance, if a physician fails to properly sterilize their equipment before administering anesthesia, and the patient develops an infection because of it the doctor may be liable for malpractice.

Legal actions claiming malpractice are usually filed in state trial courts, where the alleged error occurred. Federal courts could, however, have jurisdiction in certain instances. A case can be brought before a federal court in certain circumstances. For instance, it may involve a dispute about a statute of limitation or when the parties have different citizenships. Some claims can be settled through voluntary binding arbitration. This is a non-formal procedure that is governed by professional decision makers. It is designed to cut costs, expedite the legal process, and reduce the risk that comes with generous juries. However, arbitration is not available for all claims of malpractice.

Wrong Drug Dosage

Medication errors--also called medication mistakes--are one of the main causes of medical malpractice lawsuits. These errors can be caused by a doctor who has submitted prescriptions in the wrong format, or giving the patient the incorrect dosage. These mistakes are often avoidable. In certain circumstances, a hospital, its staff, a pharmacist or other health care providers could be held responsible for the harms suffered by a patient who was given the wrong dosage of a drug.

A doctor may prescribe the wrong medication as a result of a misdiagnosis or simply failing to read the prescription. A health care provider may also administer the wrong dosage because of an interruption in communication, such as when nurses read the handwritten prescription of a doctor incorrectly or the pharmacist is mistaken in filling the prescription. In other situations, a physician might delay the administration of the correct medication to the patient, resulting in their condition worsening.

A person seeking compensation must prove, for the sake of winning a malpractice claim that the medical professional breached their standards of practice and that their injuries were directly attributed to the negligence. This requires medical experts to provide evidence. Medical malpractice cases also must prove the extent and damages of the victim's injuries. This includes the cost of treatment as well as any lost wage. The greater the loss of the claim, the greater the value of the claim.

Wrong Procedure

This type of incident is not unusual. It might seem impossible for medical professionals to perform the wrong procedure on patients, however, it is a reality. The surgeon who makes this error could be held accountable for malpractice lawyers (Visit Homepage). However patients who are injured by a surgical mistake could also be held accountable for any negligence that occurred along the way to the procedure.

A health care professional who is accused of malpractice must demonstrate that the patient was injured because of an action or failure to perform the act. To prove this the legal team representing the patient must prove that (1) the doctor was under the obligation to provide medical care or treatment; (2) that the doctor did not fulfill this duty; (3) that there is a direct causal relationship between the breach and the injury and (4) that the injury results in damages that the legal system is able to deal with.

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

Based on the facts of the case, the plaintiff (the patient or their legally appointed representative) or their attorney may bring the case in state or federal court. The majority of malpractice cases are filed in state court, but under limited circumstances the medical malpractice lawsuit could be filed in federal district court.

Wrong Surgery

The wrong-site surgery is rare but it can be considered medical malpractice if the procedure is performed in the wrong area of your body. This kind of error is often the result of miscommunication between members of a surgical team, or production pressure that leads to the surgeon being tasked with multiple surgeries simultaneously. In these cases the surgeon isn't alone in his or her responsibility for an incorrect-site procedure since there is a legal rule known as "res ipsa loquitur" which means that the consequence of the error speaks for itself and can be attributed to negligence.

If a patient gets injured as a result of surgery done on the wrong location, he or she may require additional treatments to correct issues that were caused by the surgical mistake. Patients and their family members are left with hefty medical bills. These expenses should be considered when calculating the financial consequences of medical malpractice lawsuits.

Surgeons are most often found to be responsible for surgical mistakes because they are the ones who are responsible for making preparations for the operation, double-checking the patient's chart and medical records, coordinating effectively with other members of the medical team, and making sure the incision is done at the correct place. However, in some instances hospitals or anesthesiologists may also be held responsible. Medical malpractice claims are typically filed in state court, but can be transferred under certain circumstances to federal court.