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Common Causes of Malpractice Litigation

The process of bringing a malpractice lawsuit is a complex procedure. If an error is considered to be malpractice is dependent on whether the patient is able to establish four legal elements which include professional duty breach of this duty; harm due to the breach and quantifiable damages.

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

Misdiagnosis or Failure to Diagnose

Failure to identify an injury or illness accurately could lead to serious complications, or even death. A lot of medical malpractice cases involve incorrect diagnosis. To prove negligence, the patient or their attorney must prove that a competent physician under similar circumstances and in the same specialty would not have misdiagnosed the problem.

Not every misdiagnosis is an error, but. Even experienced and highly trained doctors can make errors. Therefore, any claim of malpractice must be backed by other factors such as breach, proximate causes and actual injury. If a physician fails to sterilize his equipment before administering anesthesia, and the patient develops an infection as a result of this, the doctor may be guilty.

Lawsuits that claim malpractice are usually filed in state trial courts where the alleged error occurred. Federal courts may however have jurisdiction in certain situations. For instance, a case could be filed in federal court if it is a dispute over the time limit or when there is a substantial difference in citizenship among those involved in the dispute. Some claims are settled by arbitration that is binding and voluntary. This is a less formal process involving professional decision makers that is designed to cut costs, expedite legal proceedings and eliminate the risk of overly generous juries. However, arbitration isn't accessible for all malpractice claims.

Wrong Drug Dosage

Medication errors, also known as medication mistakes are among the main causes of medical malpractice lawsuit lawsuits. These errors are caused by a doctor who has submitted prescriptions in the wrong format, malpractice lawsuit or giving the patient the incorrect dosage. These errors are typically preventable. Based on the circumstances, a pharmacy, a hospital or other health care provider could be held accountable for the injuries resulting from an individual who took the wrong dose of a medication.

A doctor might prescribe the incorrect medication to a patient because of an inaccurate diagnosis or malpractice lawsuit simply because they misread the prescription. A health care provider can also prescribe the wrong dosage due to a failure in communication. For example nurses might take a doctor's prescription and read it incorrectly or a pharmacist might make a mistake when filling the prescription. In other cases doctors may delay in administering the correct medication to the patient, which could result in their condition worsening.

To prevail in an action for malpractice, a victim must demonstrate that the medical professional acted in breach of their duty of care and that the negligence directly caused the injuries. This requires medical experts to be present. Furthermore, a medical negligence claim must establish the extent of the victim's injuries and the damages they suffered because of the negligence. This includes the cost of treatment and any wage loss. Generally, the greater a loss is then, the more valuable the claim will be.

Wrong Procedure

It might seem absurd that medical professionals would carry out the wrong procedure on a patient but this type of incident does occur. A surgeon who commits this error can be found liable for negligence. If a patient is injured because of an error during surgery may be held accountable for any mistakes that were made during the procedure.

Any health care professional who is accused of malpractice must prove that the patient was harmed by a specific act or omission to act. To prove this, the legal team representing the patient must demonstrate: (1) that the doctor had a responsibility to treat or provide care to the patient; (2) that he violated his duty; (3) that a causal link exists between the negligence and injury; and (4) the harm results in damages that the legal system can address.

A breach of the duty of care has no significance unless it causes injury this is why medical malpractice claims are typically built on a legal concept called "res ipsa loquitur." This law states that, in the majority of cases certain injuries are so obvious and recognizable that they can only be explained by negligence.

Based on the facts, the plaintiff (the person who filed the claim, or their legal representative) or their lawyer could choose to file in state or federal court. Most malpractice settlement cases are filed in state courts, however in certain circumstances, a medical malpractice lawsuit could be filed in federal district court.

Wrong Surgery

The wrong-site procedure is rare but it can be considered medical malpractice if the procedure is performed in the wrong location of your body. This kind of error is usually caused by miscommunications between members of the surgical team, or due to pressures on production that result in a surgeon having multiple surgeries scheduled at the same time. In these cases, the surgeon is not the only one with responsibility for a surgery that was performed on the wrong site due to an underlying legal principle referred to as "res ipsa loquitur" which means that the outcome of the error speaks for itself and cannot be traced to negligence.

If an individual is injured in a wrong-site procedure, he or her may require additional procedures in order to correct issues that were caused by the error. This results in costly medical expenses for patients as well as their families. It is important to keep these costs in mind when calculating the financial burden of medical malpractice lawsuits.

The majority of times surgeons are liable for surgical errors. They are responsible for preparing the patient for the procedure, examining the medical records and charts of the patient, coordinating with the rest of the medical team, and ensuring that the incision was made in the correct place. However, in some instances a hospital or anesthesiologist may also be liable. Medical malpractice lawyer claims are typically filed in state court, but they may be transferred under certain circumstances to federal court.