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Common Causes of Malpractice Litigation

Malpractice litigation can be a difficult procedure. If a patient can demonstrate four elements, it will determine whether or malpractice lawyers not the error is a case of malpractice lawyers. These are: a professional obligation and a breach of that duty; an injury resulting from this breach; and measurable damages.

Plaintiffs must be able to prove the elements using evidence like expert testimony and depositions.

Undiagnosed or Incorrectly Diagnosed

Failure to identify an injury or illness in a timely manner could lead to serious complications, or even death. A large number of medical malpractice cases involve incorrect diagnosis. To prove negligence, a person or their lawyer needs to prove that a seasoned doctor in similar circumstances would not have misdiagnosed an illness.

There are many misdiagnosis that could be considered negligence, but. Even highly-trained and experienced doctors are not immune to mistakes. Therefore, any claim of malpractice has to be supported with other elements such as breach, proximate causes and actual injury. If a doctor does not sterilize his equipment prior the time he administers anesthesia and the patient becomes infected due to this, the doctor may be found to be negligent.

Lawsuits alleging malpractice are typically filed in state trial courts where the alleged error occurred. However, federal courts could have jurisdiction under limited circumstances. A case can be brought before a federal court in specific circumstances. For example it could involve the issue of the statute of limitations or if the parties are of different nationalities. Alternatively, some claims are resolved through binding arbitration that is voluntary. This is a non-formal procedure that involves professional decision makers. It is designed to cut costs, expedite the legal process, and reduce the risk of overly large juries. However, arbitration is not accessible for all malpractice claims.

Dosage for a drug that is not correct

Medication errors, also referred as medication errors, are one of the leading causes of medical malpractice suits. They can result from a doctor writing a prescription that is not correct or delivering the wrong dose to patients. These errors are often preventable. In the event of an incident, a pharmacy, a hospital or other health care providers could be held responsible for injuries caused by a patient who was given the wrong dosage of a drug.

A doctor might prescribe the incorrect medication to a patient as a result of an inaccurate diagnosis or simply because he/she misreads the prescription. A health professional could also administer the wrong dosage because of a breakdown in communication for instance, when the nurse reads the doctor's handwritten script in error or the pharmacist commits an error in filling the prescription. In other instances doctors may delay administering the correct medication to the patient, which could result in the patient's condition getting worse.

A person seeking compensation must prove, in order to prevail on a malpractice claim that the medical professional breached their professional standards and that their injuries were directly attributed to the negligence. This requires the testimony of a medical expert. Moreover, a medical malpractice case must prove the extent of a victim's injuries and the damages they suffered because of the negligence. This includes the costs of a person's treatment and any lost wages. The greater loss is in the greater value of the claim will be.

The wrong procedure

It may seem impossible that medical professionals could perform the incorrect procedure on a patient, but this type of incident is quite common. If a surgeon makes this error can be found liable for malpractice. If a patient is injured because of a surgical error may be held liable for any negligence that occurred during the procedure.

A health care professional accused of malpractice must prove that the patient was injured because of the specific act or failure to act. To establish this, the legal team representing the patient must demonstrate: (1) that the doctor had a responsibility to care for or treat the patient; (2) that he did not fulfill that duty; (3) that a causal connection exists between the breach and injury; and (4) the injuries result in 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 usually built on a legal concept known as "res ipsa loquitur." This law states that, in a lot of instances certain injuries are so obvious and unmistakable that they can only be explained through negligent actions.

Depending on the facts, the plaintiff (the person who filed the claim, or their legal representative) or their lawyer may decide to file a lawsuit in federal or state court. Most malpractice cases are filed in state courts, however in certain circumstances the medical malpractice lawsuit could be filed in federal district court.

Wrong Surgery

A wrong-site procedure is a rare mistake, but it could be considered medical negligence if the procedure is performed on the wrong area of the body. This type of mistake is often caused by miscommunications between the surgical team or pressures on production that result in surgeons being assigned multiple surgeries at once. In these cases the surgeon isn't solely responsible for a wrong-site procedure because of a legal principle known as "res ipsa locquitur" which says that the result is a matter of fact and cannot be attributed to negligence.

If a patient gets injured during surgery that is performed on the wrong site, he or she may require additional treatments to correct issues that were caused by the surgical mistake. Patients and their families are left with costly medical bills. It is important to take these costs into account when calculating the financial costs of medical malpractice Lawyers lawsuits.

Most often surgeons are held accountable for surgical errors. They are responsible in preparing the patient prior to the procedure, checking the chart and medical records of the patient, communicating with the medical staff, and making sure that the incision was placed at the right place. However, in certain instances an anesthesiologist or a hospital could also be accountable. Medical malpractice claims are usually filed in state courts, however, under certain circumstances, they can be transferred to federal courts.