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Common Causes of Malpractice Litigation

The process of bringing a malpractice lawsuit is a complex procedure. Whether or not an error constitutes malpractice depends on whether the patient can prove four legal elements which include professional duty and breach of this duty; harm caused by the breach and quantifiable damages.

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

Incorrect diagnosis and failure to diagnose

The failure of a physician to correctly diagnose an illness or injury can lead to grave complications, or even death. Incorrect diagnosis is a common reason for medical malpractice. To show negligence, the 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 malpractice law firm. Even the most experienced and highly trained doctors make mistakes. Therefore, the claim of malpractice must be supported by other elements such as breach, proximate causation and actual injury. If a doctor fails to sterilize his equipment prior the time he administers anesthesia, and the patient becomes infected because of this, the doctor may be guilty.

Lawsuits that claim malpractice are usually filed in state trial courts where the alleged malpractice took place. Federal courts may however have jurisdiction in certain situations. A case may be brought before a federal court in certain circumstances. For instance, it may involve a dispute about the statute of limitations or if the parties are of different citizenships. 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 cut costs, speed up legal process, and reduce the risk of overly large juries. However, arbitration is not available for all malpractice claims.

Wrong Drug Dosage

Medication errors are one of the main causes of medical malpractice lawyers lawsuits. They can involve a physician writing a prescription that is not correct or giving the wrong dosage to a patient. These errors are usually preventable. According to the situation an individual pharmacy, hospital or other health care providers could be held responsible for the injuries resulting from patients who were given the wrong dose 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 professional may also give the wrong dosage due to a lapse in communication. For instance, a nurse may interpret a doctor's prescription incorrectly or a pharmacist may make an error when filling the prescription. In other instances the doctor might delay the administration of the correct medication, which can result in the patient's health getting worse.

A plaintiff must prove in order to win 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 expert testimony. A medical malpractice case also must prove the severity and the damages caused by the victim's injuries. This includes the cost of treatment and any lost wages. The more money you lose of the claim, the greater the value of the claim.

Incorrect Procedure

This type of incident is not unusual. It might seem unattainable for medical professionals to perform the wrong procedure on patients, but it does happen. A surgeon who makes this kind of error could be held liable for negligence. However the patient who is injured by a surgical mistake can also be held accountable for any negligence that occurred during the way to the procedure.

Any health care professional who is accused of negligence must prove that the patient was harmed by a specific action or inaction. To prove this the legal team representing the patient must prove: (1) that the doctor was required to provide care or treat the patient; (2) that he breached that duty; (3) that a causal connection exists between the breach and injury and (4) the injuries result in damages that which the legal system may address.

A breach of duty of care is no meaning unless it result 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 only be explained by negligence.

Depending on the circumstances of the case, the plaintiff (the patient or their legally appointed representative) or their attorney may make the claim in a state or federal court. The majority of malpractice cases are filed in state courts, but in certain circumstances, a medical negligence lawsuit can be brought to federal district court.

Wrong Surgery

The wrong-site procedure is rare but it can be considered medical malpractice when the procedure is done in the wrong place on your body. This type of mistake is usually caused by miscommunications between members of the surgical team, or pressures on production that result in a surgeon having multiple surgeries at once. In these situations, the surgeon is not the only one with liability for a wrong-site surgery because there is a legal principle called "res ipsa loquitur" which means that the result of the error speaks for itself and can be attributed to negligence.

If a patient is injured due to surgery performed on the wrong site and is injured, they may require additional procedures to repair problems caused due to the surgical error. Patients and their families are left with expensive medical bills. It is crucial to consider these costs when calculating the financial burden of medical malpractice claims.

Surgeons are often found to be responsible for surgical mistakes because they are the individuals who are responsible for properly preparing for the operation and double-checking the patient's medical chart and medical records, coordinating effectively with the other members of the medical team, and making sure that the incision has been placed at the right place. In certain instances an anesthesiologist or hospital can also be held liable. Medical malpractice lawyer (Source Webpage) claims are typically filed in state court, but they may be transferred under certain circumstances to federal court.