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Common Causes of Malpractice Litigation

The process of bringing a malpractice lawsuit is a complex procedure. If an error is considered to be malpractice lawyers is dependent on the ability of the patient to establish four legal elements such as a professional duty and breach of this duty; harm caused by the breach and tangible damages.

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

Incorrect diagnosis or failure to diagnose

Inability to recognize an injury or illness correctly could lead to serious complications, or death. Many medical malpractice cases involve mistaken diagnosis. To prove negligence the patient or their attorney must demonstrate that a competent doctor in similar circumstances and in the same specialty would not have misdiagnosed the condition.

Every misdiagnosis can be considered to be negligence, but. Even the most skilled and trained doctors make mistakes. Therefore, any claim of malpractice has to be supported by other elements such as breach, proximate causality and actual injury. For instance If a doctor does not properly sterilize their equipment prior to administering anesthesia and the patient develops an infection because of it the doctor could be liable for malpractice.

Legal actions claiming malpractice are usually filed in state trial courts where the alleged misconduct occurred. However, federal courts might have jurisdiction in certain situations. A claim can be brought before a federal court in specific circumstances. For instance it could involve an issue regarding a statute of limitation or when the parties are of different citizenships. Some claims can be settled through voluntary binding arbitration. This is a less formal process that involves professionals who make the decisions. It is designed to reduce costs, expedite legal proceedings and remove the possibility of excessively generous juries. However, arbitration isn’t accessible for all malpractice claims.

The wrong dosage of medication

Medication mistakes, also referred to as medication errors, are one of the most frequent causes of medical malpractice lawsuits. These errors can be caused by a physician who writes a prescription in a wrong format or giving the patient the incorrect dosage. These errors are typically preventable. Based on the circumstances, a pharmacy, a hospital or other health care provider could be held accountable for the injuries caused by a patient who received the wrong dose of a medication.

A doctor can prescribe the wrong medication as a result of a misdiagnosis or simply failing to read the prescription. A health care provider can also give the wrong dosage due to a breakdown in communication. For instance nurses might interpret a doctor’s prescription incorrectly or a pharmacist could have a mistake while filling the prescription. In other instances the doctor could delay delivering the correct medication, which could cause the patient’s condition to worsening.

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

Unskillful Procedure

This type of incident is not unusual. It might seem impossible for medical professionals to carry out the incorrect procedure on patients, but it’s true. A surgeon who makes this error may be held to be liable for negligence. However those who are injured as a result of a surgical error can also be held accountable for any negligence that occurred the way to the procedure.

Any health care professional who is accused of negligence must show that the patient was hurt due to a specific act or omission to act. To establish this, the patient’s legal team must show that: (1) the doctor was under the obligation to provide medical care or treatment; (2) that the doctor did not fulfill this duty; (3) that there is a direct causal connection between the breach and the injury and (4) that the injury causes damages that the legal system could resolve.

A breach of the duty of care is not relevant unless it causes injury, this is why medical malpractice lawsuits are generally made based on a law known as “res ipsa loquitur.” This law says that, in the majority of cases certain injuries are so obvious and evident that they cannot be explained except by negligence.

Depending on the facts of the situation, the plaintiff (the patient or their legally appointed representative) or their attorney can bring the case in federal or state court. Most malpractice cases are filed in state court, but in certain situations, a 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 when the procedure is performed in the wrong location of your body. This kind of error is usually caused by a lack of communication between the surgical team or production pressures that result in a surgeon having multiple surgeries at once. In these cases the surgeon isn’t solely responsible for his or her responsibility for a surgery that was performed on the wrong site due to the legal principle known as “res ipsa loquitur” which means that the outcome of the error is evident and can be attributed to negligence.

If someone is injured during an improper procedure and is injured, they may require additional procedures to fix issues that were caused by the mistake. Patients and their families are left with costly medical bills. These expenses must be considered when calculating the financial consequences of medical malpractice claims.

Surgeons are most often found to be responsible for surgical mistakes because they are the individuals who are responsible for properly getting ready for the procedure and double-checking the patient’s medical chart and medical records, coordinating effectively with the other members of the medical team and making sure that the incision is placed at the right place. However, in certain instances a hospital or anesthesiologist may also be held responsible. Medical malpractice lawsuits are usually filed in state courts, however, in certain situations they may be transferred to federal court.