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Common Causes of Malpractice Litigation

Malpractice litigation involves a complex process. If a patient can prove four elements, it will determine whether or not the error is a case of malpractice. These are: a professional obligation; a breach of that duty; a loss resulting from the breach; and quantifiable damage.

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

The wrong diagnosis or the inability to diagnose

Failure to diagnose an illness or injury accurately can lead to serious complications, or even death. A large number of medical malpractice cases involve incorrect diagnosis. To establish negligence, a patient or their lawyer must demonstrate that an experienced doctor in similar circumstances would not have misdiagnosed an illness.

The misdiagnosis of a patient does not always mean negligence. Even the most skilled and trained doctors make mistakes, so any claim of malpractice has to be backed by other elements like breach, proximate causality and actual injury. For instance If a doctor does not properly clean their equipment prior the time they administer anesthesia and the patient develops an infection due to the infection, the doctor could be guilty of malpractice.

The majority of lawsuits involving malpractice are filed in state trial courts where the alleged error occurred. However, federal courts could have jurisdiction under limited circumstances. For instance, a claim could be filed in federal court if it involves a dispute over a statute of limitations or when there is a substantial difference in citizenship among the parties to the case. Some claims can be resolved through binding arbitration that is voluntary. This is a non-formal procedure which involves professionals who make the decisions. It is designed to lower expenses, speed up the legal process, and reduce the risk that comes with large juries. However, arbitration isn't accessible for all malpractice claims.

Dosage for a drug that is not correct

Medication errors, also referred to as medication mistakes, are one of the leading causes of medical malpractice lawsuits. These errors are caused by a doctor writing prescriptions in a wrong format or giving the patient the wrong dosage. These errors are generally preventable. According to the circumstances the pharmacy, hospital or other health care providers could be held accountable for injuries caused by patients who were given the wrong dosage of a medication.

A doctor may prescribe the incorrect medication to a patient because of an inaccurate diagnosis or simply because they misread the prescription. A health care provider can also administer the incorrect dosage because of a glitch in communication. For instance nurses might read a doctor's script incorrectly or a pharmacist might have a mistake while filling the prescription. In other instances the doctor might delay the administration of the correct medication, which could result in the patient's health worsening.

A victim must prove, in order to win a malpractice lawyers claim, that the medical professional breached their standards of practice and that their injuries were directly caused by the negligence. This requires medical expert testimony. Medical malpractice cases also must prove the extent and damages of the victim's injuries. This includes the cost of treatment and any lost wage. The more money you lose, the higher the value of the claim.

The wrong procedure

This kind of incident is not uncommon. It might seem unattainable for medical professionals to perform the incorrect procedure on patients but it's true. A surgeon who makes this mistake could be held liable for negligence. However patients who are injured by a surgical mistake can also be held accountable for any negligence that occurred on the path to the procedure.

Any health professional who is alleged to be negligent must show that the patient was hurt by a specific action or failure to act. To prove this the legal counsel of the patient must prove that (1) the doctor was in an obligation to provide care or treatment; (2) that the doctor violated that duty; (3) that there is a direct causal link between the breach and the injury; and (4) that the injury results in damages that the legal system can resolve.

A breach of the duty of care has no significance unless it causes injury, which is the reason medical malpractice lawsuits are generally based on a legal doctrine called "res ipsa loquitur." This law states that, in the majority of cases certain injuries are so obvious and unmistakable that they can only be explained through negligent actions.

Depending on the facts depending on the facts, the plaintiff (the person who filed the claim or their legal representative) or their lawyer could choose to file in either state or federal court. The majority of malpractice cases are filed in state courts, however in certain circumstances, a medical malpractice case may be filed in federal district court.

Wrong Surgery

Surgery performed on the wrong site is a very rare error, but it may be considered medical malpractice if the procedure is performed on the wrong part of the body. This type of error usually occurs as caused by a lack of communication between the members of a surgical team, or production pressure that leads to a surgeon being assigned multiple surgeries at one time. In these cases, a surgeon is not solely accountable for a mistaken-site procedure due to a legal principle known as "res ipsa locquitur" which says that the outcome is a matter of fact and cannot be attributed to negligence.

When a patient is injured by wrong-site surgery and is injured, they may require additional procedures to repair problems caused due to the surgical error. Patients and their families are left with expensive medical bills. These expenses must be taken into consideration when calculating the financial impact of medical malpractice lawsuits.

The majority of times surgeons are liable for surgical errors. They are accountable in preparing the patient for surgery, reviewing the chart and medical records of the patient, coordinating with the rest of the medical team, and ensuring that the incision was made at the right place. However, in certain instances a hospital or anesthesiologist may also be liable. Medical malpractice lawsuit lawsuits are typically filed in state court but may be transferred in certain circumstances to federal court.