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Common Causes of Malpractice Litigation

Malpractice litigation is a complicated process. Whether or not an error is considered to be malpractice is dependent on whether the patient can prove four legal elements such as a professional duty; breach of this duty; harm caused by the breach and damages that can be quantifiable.

Plaintiffs must be able to prove the elements using evidence like expert testimony and depositions.

The wrong diagnosis and the inability to recognize

Failure to diagnose an injury or illness in a timely manner can cause serious complications, or death. Many medical malpractice lawyer cases result from mistaken diagnosis. To prove negligence, a person or their lawyer needs to prove that a qualified doctor in similar circumstances would not have misdiagnosed a condition.

Not every misdiagnosis is an error, but. Even highly skilled and experienced doctors make mistakes. Therefore, the claim of malpractice must be supported by other factors such as breach, proximate cause and actual injury. For example the case where a physician does not take the time to sterilize their equipment prior to giving anesthesia and the patient develops an infection because of it the doctor may be found to be negligent.

In most instances, lawsuits claiming that there was a mistake will be filed in the state trial court where the alleged malpractice took place. Federal courts may, however, have jurisdiction in certain situations. A claim can be brought before a federal court in specific circumstances. For instance it could be disputes over the statute of limitations or if the parties are of different nationalities. Certain disputes are settled through binding voluntary arbitration. This is a less formal procedure that involves professional decision makers. It is designed to lower costs, expedite the legal proceedings, and eliminate the risks associated with large juries. However, arbitration is not available for all malpractice claims.

Dosage of a drug that is incorrect

Medication errors, often referred to as medication mistakes, are one of the leading causes of medical malpractice suits. These errors could be caused by a physician submitting prescriptions in a wrong format or giving the patient the wrong dosage. These mistakes are usually avoidable. According to the circumstances the hospital or its staff, a pharmacist or other health care providers could be held responsible for the injuries suffered by a patient who was prescribed the wrong dose of medication.

A doctor could prescribe the wrong medication because of a misdiagnosis or by simply failing to read the prescription. A health care provider may also administer the wrong dosage due to an inability to communicate for example, when nurses read the doctor's handwritten prescription incorrectly or the pharmacist makes an error in filling the prescription. In other instances the doctor may delay the administration of the correct medication to the patient, which could result in the patient's condition getting worse.

A person seeking compensation must prove, in order to prevail on a Malpractice lawyer lawsuit that the medical professional violated their professional standards and that their injuries were directly caused by the negligence. This requires medical experts to be present. Medical malpractice cases also must establish the extent and damages of the victim's injuries. This includes the cost of treatment and any lost wages. The more loss you suffer, the higher the value of the claim.

Unskillful Procedure

This type of incident is not unusual. It might seem impossible for medical professionals to carry out the incorrect procedure on patients however, it happens. The surgeon who makes this mistake could be held accountable for malpractice. However, a patient who is injured as a result of a surgical error may also be held liable for any negligence that occurred during the way to the procedure.

Any health 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 of the patient must show: (1) that the doctor had a responsibility to provide care or treat the patient; (2) that he violated his duty; (3) that a causal link exists between the negligence and injury; and (4) the injury causes damages that which the legal system may address.

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

Depending on the circumstances depending on the facts, the plaintiff (the person who filed the claim, or their legal representative) or their lawyer can choose to file in federal or state court. The majority of malpractice cases are filed in state courts, however in certain circumstances, a medical negligence lawsuit may 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 when the procedure is performed on the wrong part of the body. This type of mistake is usually caused by a lack of communication between the surgical team, or due to pressures in the production process that result in a surgeon having multiple surgeries at once. In these situations the surgeon isn't alone in his or her liability for a wrong-site surgery due to an underlying legal principle referred to as "res ipsa loquitur" which means that the consequence of the error speaks for itself and cannot be attributed to negligence.

If the patient is injured during a wrong-site procedure and is injured, they may need additional procedures to correct problems that were aggravated by the error. Patients and their families are left with expensive medical bills. It is important to take these costs into account when calculating the financial burden of medical malpractice lawsuits.

Surgeons are usually found to be responsible for Malpractice lawyer surgical mistakes as they are the ones who are responsible for properly making preparations for the operation, double-checking the patient's chart and medical records, communicating effectively with the other members of the medical team and making sure that the incision has been done at the correct place. In some cases hospitals or anesthesiologists may also be held responsible. Medical malpractice claims are generally filed in state courts, however, under certain circumstances, they can be transferred to federal court.