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Common Causes of Malpractice Litigation

The process of bringing a malpractice lawsuit is a complex procedure. If a patient is able to prove four elements, it will be able to determine whether or not the error is a case of malpractice. These are professional obligation; a breach of that obligation; an injury that results from the breach; and quantifiable damage.

Plaintiffs must also demonstrate these elements with evidence like expert testimony, depositions, and discovery.

Misdiagnosis or Failure to Diagnose

The failure of a physician to accurately diagnose a disease or injury could lead to grave complications, or even death. Many medical malpractice cases involve misdiagnosis. To prove negligence, a patient or their lawyer must demonstrate that an experienced doctor in similar circumstances would not have misdiagnosed a condition.

Misdiagnosis doesn't always mean negligence. Even highly trained and experienced doctors make mistakes, and a claim of malpractice must be supported by other elements like breach, proximate causation, and actual injury. For example when a doctor does not take the time to sterilize their equipment prior to administering anesthesia, and the patient develops an infection because of it, the doctor could be found to be negligent.

Lawsuits that claim malpractice are usually filed in state trial courts where the alleged error occurred. Federal courts could be able to hear cases in certain circumstances. For instance, a case may be brought in federal court if there is an issue regarding the time limit for filing a claim or in the event of a significant variation in the citizenship of the parties involved in the case. Certain disputes are settled via arbitration that is binding and voluntary. This is a less formal procedure which involves professional decision makers and is designed to reduce costs, speed up legal proceedings, malpractice Lawsuit and eliminate the risk of overly generous juries. However, arbitration isn't accessible for all malpractice claims.

The wrong dosage of medication

Medication errors are among the most common causes of medical malpractice lawsuits. These errors could be caused by a physician who writes a prescription in the wrong format or giving the patient the incorrect dosage. These mistakes are often avoidable. Depending on the circumstances, a hospital staff member, a pharmacist or other health care provider could be held accountable for the injuries of a patient who was prescribed the wrong dosage of a drug.

A doctor could prescribe incorrect medication to a patient because of an incorrect diagnosis or simply because they misread the prescription. A health care professional could also prescribe the wrong dose due to an inability to communicate, such as when nurses read the doctor's handwritten prescription incorrectly or the pharmacist is mistaken in filling out the prescription. In other instances, the physician may delay the proper medication, which could result in the patient's health getting worse.

In order to be successful in a malpractice lawsuit, a victim must show that the medical professional breached their standard of care, and that negligence directly caused their injuries. This requires medical experts to provide evidence. Additionally, a medical malpractice case must demonstrate the extent of the victim's injuries and the damage they sustained as a result of the negligence. This includes the cost of treatment as well as any wages lost. The more the loss the greater the value of the claim.

The wrong procedure

This type of incident is not uncommon. It might seem unattainable for medical professionals to perform the wrong procedure on patients however, it is a reality. A surgeon who commits this kind of error could be held accountable for negligence. A patient who suffers injury as a result of an error during surgery may be held responsible for any error that occurred during the procedure.

Any health care professional who is accused of negligence must prove that the patient was harmed by a specific action or omission to act. To establish this the legal team representing the patient must prove that (1) the doctor was under an obligation to provide care or treatment; (2) that the doctor breached the duty of care; (3) that there is a direct causal link between the breach and the injury; and (4) that the injury results in damages that the legal system can address.

A breach of the duty of care is meaningless unless it causes injury, this is why medical malpractice lawsuits are generally based on a legal doctrine called "res ipsa loquitur." This law says that, in a majority of cases certain injuries are obvious and unmistakable that they cannot be explained except by negligence.

Based on the facts of the situation, the plaintiff (the patient or their legally appointed representative) or their attorney can make the claim in a state or federal court. Most malpractice cases are filed in state court, but in certain situations, a medical malpractice lawsuit (official source) may be filed in federal district court.

Wrong Surgery

The procedure that is performed on the wrong site is not common however, it could be a case of medical malpractice when the procedure is done in the wrong location of your body. This type of error usually occurs as due to miscommunication between the members of a surgical team, or production pressure that leads to the surgeon being tasked with multiple surgeries at the same time. In these instances, the surgeon is not all-in on his responsibility for a surgery that was performed on the wrong site due to a legal rule known as "res ipsa loquitur" which means that the effect of the error speaks for itself and can only be attributed to negligence.

If an individual is injured in an operation that was performed on the wrong site the patient may require additional procedures to fix problems that were exacerbated by the error. This leads to costly medical expenses for patients as well as their families. It is essential to keep these costs in mind when calculating the financial cost of medical malpractice lawsuits.

Surgeons are most often held liable for surgical errors because they are the ones who are responsible for getting ready for the procedure 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 has been done at the correct place. However, in some instances an anesthesiologist or a hospital could also be accountable. Medical malpractice claims are usually filed in state courts, however, under certain circumstances, they can be transferred to federal courts.