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Common Causes of Malpractice Litigation

Malpractice litigation can be a difficult procedure. If a patient can prove four elements, it will be able to determine whether or not the error is a case of malpractice. These are professional obligations in breach of this duty; an injury resulting from the breach; and quantifiable damage.

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

Incorrect diagnosis or failure to diagnose

The failure of a physician to accurately diagnose a disease or injury can result in grave complications, or even death. The misdiagnosis of a patient is a frequent reason for medical negligence. To prove negligence the patient or their attorney must prove that a competent doctor in similar circumstances and working in the same field would not have misdiagnosed the condition.

A misdiagnosis is not always malpractice. Even the most experienced and highly trained doctors make mistakes, and the claim of malpractice must be supported by other elements like breach, malpractice Litigation proximate causality and actual injury. If a physician fails to sterilize his equipment prior the time he administers anesthesia and the patient gets infected because of this, he could be held accountable.

In the majority of instances, lawsuits claiming malpractice will be filed in the state trial court in which the alleged misconduct occurred. Federal courts could be able to handle the case in certain situations. A case may be brought before a federal court under certain circumstances. For example it could involve the issue of a statute of limitation or when the parties are of different citizenships. Some claims can be resolved through binding arbitration that is voluntary. This is a less formal process with professional decision makers. It 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 malpractice.

The wrong dosage of medication

Medication errors, also referred to as medication mistakes, are one of the main reasons for medical malpractice lawsuits. These errors could be caused by a physician submitting a prescription in a wrong format or giving the patient the wrong dosage. These mistakes are usually avoidable. According to the circumstances the situation, a pharmacist, a hospital or other health care provider could be held responsible for the injuries resulting from a patient who was given the wrong dose of a drug.

A doctor could prescribe wrong medication to a patient as a result of an incorrect diagnosis or simply because they misread the prescription. A health professional could also prescribe the wrong dosage due to a failure in communication. For example the nurse might interpret a doctor's prescription incorrectly or a pharmacist might have a mistake while filling the prescription. In other situations the doctor may delay administering the correct medication to the patient, which could result in their condition deteriorating.

A victim must prove, in order to prevail on a malpractice claim that the medical professional violated their professional standards and that their injuries were directly attributed to the negligence. This requires medical experts to be present. A medical malpractice case also must establish the extent and the damages caused by the victim's injuries. This includes the cost of treatment and any lost wage. The more money you lose of the claim, the greater the value of the claim.

Unskillful Procedure

It may seem impossible for medical professionals to perform the wrong procedure on a patient however, this type of event can occur. A surgeon who commits this error may be held responsible for negligence. If a patient is injured because of an error in surgery could be held liable for any mistakes that were made during the procedure.

Any health professional who is accused of misconduct must prove that the patient was hurt due to a specific act or omission to act. To establish this, the legal team of the patient must demonstrate: (1) that the doctor had a responsibility to care for or treat the patient; (2) that he breached that duty; (3) that a causal link exists between the breach and injury; and (4) the harm results in damages that the legal system can deal with.

A breach of duty of care has no meaning unless it results in injury. This is why medical malpractice cases are usually dependent on the lawful doctrine "res ipsa locquitur," which says that certain injuries are so obvious that they can be explained only through negligence.

Depending on the circumstances of the situation, the plaintiff (the patient or their legally appointed representative) or their attorney can bring the case in state or federal court. Most malpractice cases are filed in state court, however in certain circumstances the medical malpractice lawsuit can be brought in federal district court.

Wrong Surgery

Wrong-site surgery is a rare error, but it could be considered medical malpractice when the procedure is performed on the wrong area of the body. This type of mistake is usually the result of miscommunications between the surgical team, or due to production pressures that lead to the surgeon performing multiple surgeries assigned at once. In these cases the surgeon isn't solely responsible for a wrong-site procedure because of the legal principle known as "res ipsa locquitur" which says that the result speaks for itself and cannot be attributed to negligence.

If a patient is injured during a wrong-site procedure it is possible that the patient will require additional procedures to fix problems that were made worse by the error. Patients and their families are left with expensive medical bills. It is essential to keep these costs in mind when calculating the financial cost of medical malpractice claims.

Surgeons are often held liable for surgical errors since they are the ones who are accountable for prepping for the operation by double-checking patient's chart and medical records, coordinating effectively with the other members of the medical team, and malpractice Litigation making sure that the incision is done at the correct place. However, in certain instances a hospital or anesthesiologist may also be liable. Medical malpractice litigation claims are usually filed in state courts, but under certain circumstances, they can be transferred to federal court.