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Common Causes of Malpractice Litigation

Malpractice litigation involves a complex process. The question of 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 resulting from the breach; and quantifiable damages.

Plaintiffs must be able to prove the elements using evidence, such as expert testimony and depositions.

Incorrect diagnosis and inability to diagnose

Failure to diagnose an injury or illness correctly can cause serious complications, or Malpractice Litigation even death. The misdiagnosis of a patient is a frequent cause of medical malpractice. To prove negligence the patient or their attorney must show that a competent physician under similar circumstances and in the same field would not have misdiagnosed the condition.

The misdiagnosis of a patient does not always mean negligence. Even the most experienced and highly trained doctors make mistakes, therefore the claim of malpractice must be supported by other factors like breach, proximate causality and actual injury. If a doctor fails to sterilize his equipment prior to giving anesthesia and the patient gets infected because of this, the doctor may be held accountable.

In most cases, lawsuits alleging malpractice lawsuit will be filed in the state trial court where the alleged misconduct occurred. Federal courts can however have jurisdiction in certain circumstances. For example, a claim may be brought in federal court in the event of an issue regarding the time limit or when there is a significant variety of citizenship among the parties involved in the case. Certain disputes are settled via binding voluntary arbitration. This is a non-formal procedure which involves professionals who make the decisions. It is designed to lower costs, expedite the legal proceedings, and eliminate the risks associated with generous juries. However, arbitration is not accessible for all malpractice claims.

The wrong dosage of medication

Medication mistakes, also referred to as medication errors, are one of the main causes of medical malpractice lawsuits. They can involve a physician writing a prescription incorrectly or delivering the wrong dose to patients. These mistakes are usually preventable. According to the situation an individual pharmacy, hospital or other health care provider could be held responsible for injuries caused by patients who were given the wrong dosage of a drug.

A doctor might prescribe the wrong medication because of a misdiagnosis, or simply not understanding the prescription correctly. A health professional may also prescribe the wrong dosage due to an issue with communication, such as when nurses read the handwritten prescription of a doctor incorrectly or the pharmacist commits an error in filling the prescription. In other instances the doctor might delay delivering the correct medication, which could lead to the patient's condition getting worse.

A person seeking compensation must prove, to be successful in a malpractice claim that the medical professional breached their standards of practice and that their injuries were directly attributed to the negligence. This requires medical experts to be present. In addition, a medical mishap case must demonstrate the extent of the injuries suffered by a victim and the damage they sustained as a result of the negligence. This includes the cost of treatment as well as any wages lost. The more loss you suffer the greater the value of the claim.

Wrong Procedure

It may seem impossible that medical professionals would carry out the incorrect procedure on a patient however, this kind of thing does occur. A surgeon who commits this mistake could be held to be liable for malpractice. However, a patient who is injured as a result of a surgical error could also be held responsible for any negligence that occurred during the process.

Any health professional who is accused of misconduct must prove that the patient was hurt due to a specific act or failure to act. To establish this the legal team of the patient has to prove: Malpractice Litigation (1) that the doctor was required 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 results in damages the legal system could address.

A breach of the duty of care is not relevant unless it causes injury, which is why medical malpractice lawsuits are generally based on a legal doctrine known as "res ipsa loquitur." This law says that, in a lot of instances certain injuries are so evident and obvious that they are only explained by negligence.

Based on the circumstances, the plaintiff (the person who filed the claim, or their legal representative) or their lawyer can decide to file a lawsuit either in state or federal court. The majority of malpractice litigation cases are filed in state courts, but in certain situations, a medical negligence lawsuit may be filed in federal district court.

Wrong Surgery

The wrong-site surgery isn't common, but can be considered medical malpractice in the event that the procedure is carried out in the wrong part of your body. This kind of error is usually caused by a lack of communication between the surgical team or pressures in the production process that result in surgeons being assigned multiple surgeries assigned at once. In these instances the surgeon is not solely responsible for a misplaced procedure due to the legal principle of "res ipsa locquitur", which states that the result is a matter of fact and cannot be attributed to negligence.

When a patient is injured during surgery that is performed on the wrong site the patient may require additional procedures to fix problems exacerbated by the mistake. This can result in high medical expenses for patients as well as their families. It is important to consider these costs when calculating the financial impact of medical malpractice claims.

Surgeons are usually held accountable for surgical errors because they are the individuals who are responsible for properly preparing for the operation as well as double-checking the patient's charts and medical records, communicating effectively with the other members of the medical team and making sure the incision is done at the correct place. However, in certain instances a hospital or anesthesiologist may also be liable. Medical malpractice lawsuits are typically filed in state court but they may be transferred under certain circumstances to federal court.