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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 establish four legal elements which include professional duty breach of this duty; harm caused by the breach and tangible damages.

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

Undiagnosed or Incorrectly Diagnosed

The inability of a doctor to accurately diagnose an illness or injury can result in serious complications or even death. Many medical malpractice cases result from mistaken diagnosis. To prove negligence, a person or their lawyer needs to prove that a skilled doctor in similar circumstances would not have misdiagnosed the condition.

There are many misdiagnosis that could be considered negligence, but. Even the most experienced and highly trained doctors make mistakes. Therefore, a claim of malpractice must be supported by other elements like breach, proximate cause and actual injury. For example when a doctor is not careful to sterilize their equipment prior to giving anesthesia to a patient and they develop an infection because of it, the doctor could be guilty of malpractice legal.

Lawsuits that claim malpractice law are usually filed in state trial courts, where the alleged malpractice took place. However, federal courts could be able to handle cases in certain circumstances. A claim may be filed before a federal court in specific circumstances. For example, it may involve disputes over a statute of limitation or malpractice attorney if the parties are of different citizenships. Certain claims are settled through binding voluntary arbitration. This is a less formal process which involves professional decision makers and is designed to cut 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 known as medication errors, are one of the main reasons for medical malpractice lawsuits. These errors could be caused by a doctor writing a prescription in the wrong format or giving the patient the incorrect dosage. These errors are usually preventable. Depending on the circumstances the hospital, its staff, a pharmacist or other health care professionals may be held liable for the injuries suffered by the patient who received the wrong drug dosage.

A doctor can prescribe the wrong drug because of a misdiagnosis or simply misreading the prescription. A health care professional could also prescribe the wrong dosage because of an interruption in communication for example, when nurses read a doctor's handwritten script incorrectly or the pharmacist makes a mistake in filling out the prescription. In other cases the doctor could delay delivering the correct medication, which could cause the patient's condition to getting worse.

A victim must prove, in order to win a malpractice attorney; Highly recommended Web-site, claim, that the medical professional breached their standards of practice and that their injuries were directly caused by the negligence. This requires medical experts to be present. A medical malpractice lawyer case also must establish the extent and damage of the victim's injuries. This includes the cost of treatment as well as any lost wages. The more money you lose, the higher the value of the claim.

Wrong Procedure

This kind of incident is not uncommon. It might seem impossible for medical professionals to carry out the wrong procedure on patients however, it is a reality. A surgeon who commits this error malpractice attorney may be held to be liable for negligence. However the patient who is injured by a surgical mistake may also be held liable for any negligence that occurred the path to the procedure.

Any health care professional who is accused of malpractice must show that the patient was harmed through a specific act or omission to act. To establish this the legal team representing the patient must prove: (1) that the doctor was obligated to treat or provide care to the patient; (2) that he failed to fulfill his obligation; (3) that a causal link exists between the negligence and injury and (4) the injury causes damages that the legal system can address.

A breach of the duty of care is meaningless unless it causes injury, that's why medical malpractice claims are typically founded on a legal principle known as "res ipsa loquitur." This law states that, in a majority of cases certain injuries are obvious and recognizable that they can only be explained through negligent acts.

Based on the facts of the case, the plaintiff (the patient or their legally appointed representative) or their attorney may bring the case in state or federal court. The majority of malpractice cases are filed in state courts, however in certain situations the case of medical negligence could be filed with a federal district court.

Wrong Surgery

A wrong-site procedure is a rare error, but it may be considered medical negligence if the procedure is performed on the wrong side of the body. This type of mistake is usually caused by miscommunications between the surgical team or pressures in the production process that result in a surgeon having multiple surgeries assigned at once. In these situations, the surgeon is not the only one with responsibility for a surgery that was performed on the wrong site since there is a legal rule known as "res ipsa loquitur" which means that the effect of the error is evident and can be attributed to negligence.

If a patient is injured during an incorrect procedure it is possible that the patient will need additional procedures to correct problems that were aggravated by the mistake. Patients and their families are left with costly medical bills. It is crucial to consider these costs when calculating the financial cost of medical malpractice lawsuits.

Most often, surgeons are held responsible for surgical errors. They are accountable for preparing the patient for the procedure, checking the chart and medical records of the patient, coordinating with the rest of the medical staff, and making sure that the incision was made in the proper location. In some instances, an anesthesiologist or a hospital could be held accountable. Medical malpractice claims are usually filed in state courts. However, in certain situations, they can be transferred to federal courts.