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Common Causes of Malpractice Litigation

Malpractice litigation can be a difficult procedure. If a patient can demonstrate four elements, it will determine whether or not the mistake is a case of malpractice. These are professional obligation or breach of that obligation; a repercussion from this breach; and quantifiable damages.

Plaintiffs must also prove the elements using evidence like expert testimony and depositions.

The wrong diagnosis and the inability to recognize

Inability to recognize an illness or injury accurately could lead to serious complications, or even death. Incorrect diagnosis is a common reason for medical negligence. 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 missed the diagnosis.

A misdiagnosis is not always negligence. Even highly experienced and trained doctors make mistakes. Therefore, a claim of malpractice must be backed up by other elements like breach, proximate causes and actual injury. For example, if a physician does not properly sterilize their equipment before administering anesthesia to a patient and they develop an infection in the process the doctor may be found to be negligent.

In most instances, lawsuits claiming malpractice will be filed in the state trial court in which the alleged error occurred. Federal courts could however have jurisdiction in certain instances. For instance, a claim could be filed in federal court if it involves an issue regarding the time limit for filing a claim or if there is a substantial variety of citizenship among those involved in the dispute. Some claims can be resolved through binding arbitration that is voluntary. This is a less formal procedure which involves professionals who make the decisions. It is designed to minimize expenses, speed up the legal process, and remove the risks associated with large juries. Arbitration is not available in all cases of malpractice.

Wrong Drug Dosage

Medication errors, also referred to as medication mistakes, are one of the main causes of medical malpractice suits. These errors could be caused by a doctor who has submitted prescriptions in the wrong format or giving the patient the wrong dosage. These errors are typically preventable. Depending on the circumstances the hospital, malpractice lawyer its staff, a pharmacist or other health care professionals may be held liable for the harms suffered by patients who were given the wrong dosage of a drug.

A doctor can prescribe the wrong medicine because of a misdiagnosis. Or, simply not understanding the prescription correctly. A health professional could also administer the wrong dosage due to a failure in communication. For example, a nurse may read a doctor's script incorrectly or a pharmacist might make a mistake when filling the prescription. In other situations the doctor may delay the proper medication to the patient, which could result in their condition deteriorating.

To win a malpractice case, the victim must prove that the medical professional breached their standard of care, and that the negligence directly caused their injuries. This requires medical expert testimony. Moreover, a medical malpractice case must demonstrate the extent of the victim's injuries as well as the damages they suffered as a result of the negligence. This includes the costs of treatment as well as any wages lost. The greater loss is then, the more valuable the claim will be.

Incorrect Procedure

This type of incident is not uncommon. It may seem impossible for medical professionals to perform the incorrect procedure on patients, however, it is a reality. A surgeon who makes this mistake can be held accountable for malpractice lawyer (Vimeo.com). Patients who are injured because of an error during surgery can be held liable for any mistakes that were made during the procedure.

Any health professional who is accused of negligence must prove that the patient was hurt through a specific act or failure to act. To prove this the legal counsel of the patient must prove that: (1) the doctor had the obligation to provide medical care or treatment; (2) that the doctor breached this duty; (3) that there is a direct causal relationship between the breach and the injury and (4) that the injury causes damages that the legal system could address.

A breach of the duty of care is insignificant unless it causes injury which is the reason medical malpractice law firm claims are usually built on a legal concept called "res ipsa loquitur." This law says that, in a majority of cases certain injuries are obvious and evident that they can only be explained through negligence.

Depending on the facts depending on the facts, the plaintiff (the person who filed the claim or their legal representative) or their lawyer may decide to file the case either in state or federal court. The majority of malpractice cases are filed in state court. However, under certain circumstances medical malpractice lawsuits could be filed in federal district court.

Wrong Surgery

A wrong-site procedure is a rare error, but it could be considered medical negligence if the procedure is performed on the wrong part of the body. This type of mistake is usually caused by a lack of communication between members of the surgical team, or by production pressures that result in the surgeon performing several surgeries to perform at the same time. In these situations the surgeon is not solely responsible for a misplaced procedure due to the legal principle of "res ipsa locquitur" which states that the result is a matter of fact and cannot be blamed on negligence.

If a patient is injured by wrong-site surgery and malpractice lawyer is injured, they may require additional procedures to correct problems caused by the surgical error. Patients and their family members are left with hefty medical bills. It is important to consider these costs when calculating the financial cost of medical malpractice claims.

Surgeons are usually found to be responsible for surgical mistakes because they are the individuals who are accountable for making preparations for the operation as well as double-checking the patient's charts and medical records, coordinating effectively with other members of the medical team and making sure that the incision is made on the correct site. In some cases an anesthesiologist or hospital may also be held responsible. Medical malpractice claims are typically filed in state courts, but may be transferred in certain circumstances to federal court.