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Common Causes of Malpractice Litigation

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

Plaintiffs must also prove these elements by presenting evidence like expert testimony, depositions and discovery.

Incorrect diagnosis or failure to diagnose

The inability of a doctor to correctly diagnose an illness or injury can lead to grave complications, or even death. Incorrect diagnosis is a common reason for medical malpractice lawyers. To establish negligence, a patient or their lawyer needs to prove that a skilled doctor in similar circumstances would not have misdiagnosed the condition.

Misdiagnosis does not always constitute malpractice. Even highly-trained and experienced doctors can make errors. Therefore, a claim for malpractice must be backed up by other elements, such as breach, proximate cause or actual injury. For instance when a doctor fails to properly sterilize their equipment before administering anesthesia and the patient develops an infection in the process, the doctor could be liable for malpractice.

Lawsuits that claim malpractice are usually filed in state trial courts, where the alleged malpractice lawyer took place. Federal courts could be able to handle the case in certain circumstances. A claim can be brought before a federal court in certain circumstances. For example, it may involve disputes over a statute of limitation or if the parties are of different nationalities. Certain disputes are settled through binding arbitration. This is a less formal process involving professional decision makers that is intended to cut costs, speed up legal proceedings and reduce the risk of overly generous juries. However, arbitration isn't accessible for all claims of malpractice.

Dosage for a drug that is not correct

Medication mistakes, also referred to as medication errors, are among the most common causes of medical malpractice lawsuits. They can involve a physician writing a prescription incorrectly or delivering the wrong dose to the patient. These errors are often preventable. According to the situation the pharmacy, hospital or other health care providers could be held accountable for the harm caused by an individual who took the wrong dosage of a medication.

A doctor could prescribe the wrong medication to a patient because of an incorrect diagnosis or simply due to a misreading of the prescription. A health professional could also prescribe the wrong dose due to a breakdown in communication, such as when nurses read the doctor's handwritten script in error or the pharmacist is mistaken in filling out the prescription. In other cases doctors may delay administering the correct medication to the patient, resulting in their condition worsening.

To prevail in an action for malpractice, a victim must demonstrate that the medical professional violated their standard of care, and that their negligence directly led to the injuries. This requires medical experts to be able to testify. In addition, a medical mishap case must prove the extent of a victim's injuries and the damages they sustained because of the negligence. This includes the cost of treatment and any lost wages. The more loss you suffer, the higher the value of the claim.

Unskillful Procedure

This type of incident is not uncommon. It may seem like a challenge for medical professionals to perform the wrong procedure on patients however, it is a reality. A surgeon who makes this mistake could be held liable for malpractice. Patients who are injured due to a surgical error may be held liable for any negligence that occurred during the procedure.

A health care professional who is accused of malpractice must prove that the patient was injured because of an act or failure to perform the act. To prove this the legal team representing the patient has to prove: (1) that the doctor was obligated to treat or provide care to the patient; (2) that he violated his duty; (3) that a causal link exists between the breach and the injury; and (4) the injuries result in damages that the legal system can address.

A breach of duty of care is no meaning unless it results in injury. This is the reason why medical malpractice cases tend to be built on the legal principle "res ipsa locquitur" which states 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 designated representative) or their attorney could make the claim in a state or federal court. Most malpractice cases are filed in state courts, however in certain situations, Malpractice Litigation a medical malpractice lawsuit could be filed in federal district court.

Wrong Surgery

The wrong-site surgery is rare however, it could be a case of medical malpractice if the procedure is performed in the wrong area of your body. This type of error is often due to miscommunication between members of a surgical team or production pressure that leads to the surgeon being tasked with multiple surgeries simultaneously. In these situations, the surgeon is not alone in his or her liability for a wrong-site surgery due to a legal principle called "res ipsa loquitur" which means that the consequence of the error speaks for itself and can be attributed to negligence.

When a patient is injured due to surgery performed on the wrong site, he or she may require additional treatments to correct problems caused due to the surgical error. Patients and their families are left with costly medical bills. It is crucial to take these costs into consideration when calculating the financial burden of medical malpractice lawsuits.

Surgeons are often found to be responsible for surgical mistakes because they are the ones who are responsible for properly preparing for the operation as well as double-checking the patient's charts and medical records, coordinating effectively with other members of the medical team, and making sure the incision is made on the correct site. In some instances, a hospital or anesthesiologist may also be liable. Medical malpractice cases are usually filed in state court but may be transferred in certain circumstances to federal court.