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Common Causes of Malpractice Litigation

The process of bringing a malpractice lawsuit is a complex procedure. If a patient can demonstrate four elements, it will determine whether or not the mistake is malpractice. These are professional obligations in breach of this obligation; a repercussion from the breach; and quantifiable damage.

Plaintiffs must also prove these elements through evidence such as expert testimony, depositions and discovery.

Incorrect diagnosis and inability to diagnose

Inability to recognize an injury or illness correctly can result in serious complications, or even death. The misdiagnosis of a patient is a frequent reason for medical malpractice. To establish negligence, a patient or their lawyer needs to prove that a qualified doctor in similar circumstances would not have misdiagnosed the condition.

Misdiagnosis does not always constitute negligence. Even highly skilled and experienced doctors are not immune to mistakes. Therefore, any claim of malpractice has to be backed up by other elements like breach, proximate reason and actual injury. For instance the case where a physician does not properly sterilize their equipment before administering anesthesia and the patient suffers an infection in the process, the doctor could be found to be negligent.

Legal actions claiming malpractice are usually filed in state trial courts where the alleged malpractice occurred. However, federal courts could have jurisdiction in certain situations. A case can be brought before federal court in certain circumstances. For example it could involve a dispute about a statute of limitation or when the parties have different nationalities. Some claims can be resolved through binding arbitration that is voluntary. This is a non-formal procedure which involves professionals who make the decisions. It is designed to minimize costs, speed up legal process, and remove the risk that comes with large juries. However, arbitration isn't accessible for all malpractice claims.

The wrong dosage of medication

Medication mistakes, also referred to as medication errors, are among the most common causes of medical malpractice lawsuits. These errors can be caused by a physician submitting a prescription in the wrong format, or giving the patient the incorrect dosage. These mistakes are often avoidable. According to the circumstances, a hospital or its staff, pharmacist or other health care providers could be held accountable for the injuries suffered by the patient who received the wrong dosage of a drug.

A doctor might prescribe the incorrect medication to a patient as a result of an inaccurate diagnosis or simply because they misread the prescription. A health care professional may also administer the incorrect dosage due to a breakdown in communication. For example the nurse might take a doctor's prescription and read it incorrectly or a pharmacist could make a mistake when filling the prescription. In other instances doctors may delay the proper medication to the patient, which could result in the patient's condition getting worse.

To prevail in a malpractice lawsuit, a victim must show that the medical professional breached their duty of care and that their negligence directly led to their injuries. This requires the testimony of a medical expert. A medical malpractice attorney case also must establish the extent and the damages caused by the victim's injuries. This includes the costs of treatment for the victim as well as any wages lost. The greater loss is, the more valuable the claim will be.

Wrong Procedure

It might seem absurd that medical professionals would perform the incorrect procedure on a patient, however, this kind of thing does occur. A surgeon who commits this mistake can be held accountable for negligence. If a patient is injured because of an error during surgery can be held responsible for any mistakes that were made during the procedure.

A health professional accused of negligence must prove that the patient was injured because of an act or inability to take action. To prove this, the legal team of the patient must prove: (1) that the doctor was obligated to provide care or treat the patient; (2) that he violated his duty; (3) that a causal connection exists between the breach and the injury and (4) the injuries result in damages that the legal system can deal with.

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

Depending on the circumstances of the case, the plaintiff (the patient or their legally appointed representative) or their lawyer may file the claim in state or federal court. Most malpractice cases are filed in state court, however under limited circumstances, a medical malpractice lawsuit could be filed in federal district court.

Wrong Surgery

The wrong-site surgery is rare but it could be considered medical malpractice in the event that the procedure is carried out in the wrong location of your body. This type of error is usually caused by a lack of communication between members of the surgical team, or due to pressures on production that result in surgeons having multiple surgeries assigned at once. In these instances the surgeon isn't solely responsible for a misplaced procedure due to a legal rule known as "res ipsa locquitur" which says that the result is a matter of fact and cannot be blamed on negligence.

If a patient is injured during a wrong-site procedure, he or her may need additional procedures to correct problems that were aggravated due to the error. Patients and their families are left with costly medical bills. These costs should be considered when calculating the financial impact of medical malpractice claims.

Surgeons are typically accountable for surgical errors because they are the individuals who are responsible for properly preparing for the operation by double-checking patient's chart and medical records, communicating effectively with other members of the medical team, and making sure the incision is located at the correct location. In some cases hospitals or anesthesiologists may also be held responsible. Medical malpractice claims are usually filed in state courts, but in certain situations they may be transferred to federal court.