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Common Causes of Malpractice Litigation

Malpractice litigation can be a difficult procedure. If a patient can prove four elements, it will be able to determine whether or not the error is a case of malpractice. These are professional obligations; a breach of that obligation; an injury that results from the breach; and quantifiable damages.

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

The wrong diagnosis or the inability to diagnose

Inability to recognize an injury or illness in a timely manner can lead to serious complications, or even death. Incorrect diagnosis is a common cause of medical malpractice. To prove negligence, the patient or their attorney must show that a competent doctor under similar circumstances and in the same area would not have misdiagnosed the condition.

Misdiagnosis doesn't always mean negligence. Even the most experienced and highly trained doctors make mistakes, so a claim of malpractice must be backed by other elements like breach, proximate causation and actual injury. For instance, if a physician does not take the time to clean their equipment prior the time they administer anesthesia, and the patient develops an infection because of it the doctor may be liable for malpractice.

In most instances, lawsuits claiming malpractice will be filed in the state trial court in which the malpractice lawyers was alleged to have occurred. However, federal courts could be able to handle cases in certain circumstances. A claim may be filed before a federal court in certain circumstances. For example it could involve the issue of the statute of limitations or when the parties are of different nationalities. In other cases, certain claims are settled through voluntary binding arbitration. This is a less formal procedure with professional decision makers. It is intended to save costs, expedite legal proceedings, and eliminate the risk of overly generous juries. However, arbitration isn't available for all malpractice claims.

Wrong Drug Dosage

Medication errors, also known as medication mistakes, malpractice lawsuits are one of the most frequent causes of medical malpractice lawsuits. These errors can be caused by a doctor who has submitted a prescription in a wrong format or giving the patient the wrong dosage. These errors are typically preventable. In the event of an incident the situation, a pharmacist, a hospital or other health care provider could be held accountable for the injuries caused by patients who were given the wrong dosage of a drug.

A doctor could prescribe the wrong medication to a patient because of an incorrect diagnosis or simply because he/she misreads the prescription. A health care professional could also prescribe the wrong dose due to an interruption in communication, such as when a nurse reads a doctor's handwritten script incorrectly or the pharmacist is mistaken in filling out the prescription. In other instances the doctor could delay giving the correct medication, which can lead to the patient's condition getting worse.

A person seeking compensation must prove, to be successful in a malpractice claim that the medical professional violated their standards of practice and that their injuries were directly caused by the negligence. This requires testimony from a medical expert. A medical malpractice case must prove the severity and Malpractice Lawsuits damage of the victim's injuries. This includes the cost of treatment and any lost wages. The greater person's losses are then, the more valuable the claim will be.

The wrong procedure

This type of incident is not unusual. It might seem unattainable for medical professionals to carry out the wrong procedure on patients but it's true. A surgeon who commits the mistake could be held liable for negligence. A patient who is injured due to an error during surgery may be held responsible for any error that occurred during the procedure.

A health care professional accused of malpractice must prove that the patient was injured because of an act or failure to take action. To establish this, the patient's legal team must demonstrate that: (1) the doctor had an obligation to provide treatment or treatment; (2) that the doctor violated that 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 can be able to address.

A breach of the duty of care is meaningless unless it causes injury, this is why medical malpractice claims are usually based on a legal doctrine called "res ipsa loquitur." This law says that, in a lot of instances, certain injuries are so obvious and evident that they can only be explained through negligent actions.

Depending on the facts of the situation, the plaintiff (the patient or their legally designated representative) or their attorney may bring the case in state or federal court. The majority of malpractice cases are filed in state court, however under limited circumstances medical malpractice lawsuits can be filed in federal district court.

Wrong Surgery

Surgery performed on the wrong site is a very rare mistake, but it could be considered medical malpractice if the procedure is carried out on the wrong portion of the body. This kind of error is usually the result of miscommunications between members of the surgical team, or pressures on production that result in the surgeon performing multiple surgeries at once. In these situations the surgeon is not solely responsible for an incorrect-site operation because of the legal principle known as "res ipsa locquitur" which states that the result is a matter of fact and cannot be blamed on negligence.

If the patient is injured during an operation that was performed on the wrong site it is possible that the patient will require additional procedures in order to correct issues that were caused by the error. Patients and their families are left with expensive medical bills. This expense should be taken into consideration when calculating the financial consequences of medical malpractice claims.

Surgeons are typically held liable for surgical errors as they are the ones who are responsible for properly prepping 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 located at the correct location. In certain instances the hospital or anesthesiologist may also be held responsible. Medical malpractice claims are generally filed in state court, but they may be transferred under certain circumstances to federal court.