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Common Causes of Malpractice Litigation

The legal process for defending malpractice is a complex process. If a person can prove four elements, it will be able to determine whether or not the error is malpractice. These are: a professional obligation in breach of this duty; an injury resulting from the breach; and quantifiable damages.

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

Misdiagnosis and Failure to Diagnose

Failure to correctly diagnose an injury or illness correctly could lead to serious complications, or death. Many medical malpractice cases involve incorrect diagnosis. To prove negligence the patient or their attorney must prove that a competent physician under similar circumstances and working in the same specialty would not have missed the diagnosis.

It is not always a case of negligence, but. Even highly-trained and experienced doctors are not immune to mistakes. Therefore, any claim of malpractice has to be backed by other elements such as breach, proximate cause or actual injury. If a doctor fails sterilize his equipment before administering anesthesia and the patient becomes infected due to this, the doctor might be found to be negligent.

In most instances, lawsuits claiming malpractice will be filed in the state trial court where the alleged misconduct occurred. Federal courts may, however, have jurisdiction in certain instances. For example, a claim may be brought in federal court in the event of a dispute over the statute of limitations or when there is a substantial variation in the citizenship of the parties in the case. Some claims are settled by arbitration that is binding and voluntary. This is a less formal procedure that involves professionals who make the decisions. It is designed to reduce costs, speed up legal proceedings and remove the risk of overly generous juries. Arbitration is not available in all cases of misconduct.

Dosage of a drug that is incorrect

Medication errors, also referred as medication errors are among the main causes of medical malpractice lawsuits. They can be caused by a physician writing a prescription that is not correct or giving the wrong dosage to a patient. These errors are typically preventable. According to the circumstances the hospital staff member, a pharmacist or other health care professionals could be held responsible for the injuries sustained by the patient who received the wrong drug dosage.

A doctor could prescribe incorrect medication to a patient because of an incorrect diagnosis or simply because they misread the prescription. A health professional could also administer the incorrect dosage due to a breakdown in communication. For instance nurses may read a doctor's script incorrectly or a pharmacist might fail to fill the prescription. In other situations the doctor may delay in administering the correct medication to the patient, resulting in the patient's condition getting worse.

In order to be successful in a malpractice lawsuit, a victim must prove that the medical professional violated their standard of care and that the negligence directly contributed to their injuries. This requires the testimony of a medical expert. A medical malpractice case also must prove the extent and damage of the victim's injuries. This includes the cost of a person's treatment and any lost wages. Generally, the greater a person's losses are and the greater the value of the claim will be.

Wrong Procedure

This type of incident is not unusual. It may seem impossible for malpractice lawyers medical professionals to carry out the incorrect procedure on patients however, it is a reality. A surgeon who commits this error could be held accountable for malpractice. A patient who is injured due to an error in surgery could be held liable for Malpractice lawyers any negligence that occurred during the procedure.

A health care professional accused of malpractice must demonstrate that the patient was injured due to an act or failure to perform the act. To prove this, the legal team representing the patient must show: (1) that the doctor was obligated to provide care or treat the patient; (2) that he violated his duty; (3) that a causal link exists between the breach and the injury and (4) the injury causes damages that the legal system could address.

A breach of duty of care has no significance unless it results in injury. This is the reason medical malpractice Lawyers cases are usually founded on the legal doctrine "res ipsa locquitur" which says that certain injuries are so obvious that they can be explained only by negligence.

Depending on the facts of the situation, the plaintiff (the patient or their legally appointed representative) or their attorney may file the claim in federal or state court. The majority of malpractice cases are filed in state court. However, under certain circumstances the medical malpractice lawsuit may be filed in federal district court.

Wrong Surgery

The wrong-site surgery is rare but it could be considered medical malpractice attorneys if the procedure is performed in the wrong part of your body. This type of error is usually the result of miscommunications between the surgical team, or production pressures that result in surgeons being assigned multiple surgeries scheduled at the same time. In these cases, the surgeon is not all-in on his responsibility for an incorrect-site procedure because there is a legal rule known as "res ipsa loquitur" which means that the outcome of the error is evident and cannot be traced to negligence.

If an individual is injured in an incorrect procedure, he or her may require additional procedures to rectify issues that were caused by the mistake. This could result in expensive 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 accountable for surgical errors. They are responsible to prepare the patient for the procedure, checking the chart and medical records of the patient, communicating with the rest of the medical staff, and making sure that the incision was made in the proper location. In certain instances, a hospital or anesthesiologist could also be held accountable. Medical malpractice cases are typically filed in state courts. However, under certain circumstances, they can be transferred to federal courts.