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Common Causes of Malpractice Litigation

Malpractice litigation involves a complex process. The degree to which an error is considered to be malpractice settlement is dependent on whether the patient is able to establish four legal elements which include professional duty; breach of this duty; injury due to the breach and quantifiable damages.

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

Undiagnosed or Incorrectly Diagnosed

The failure of a physician to accurately diagnose a disease or injury can result in serious complications or even death. The misdiagnosis of a patient is a frequent cause of medical negligence. To prove negligence the patient or their attorney must show that a competent doctor in similar circumstances and in the same area would not have misdiagnosed the problem.

Not every misdiagnosis is an error, but. Even highly skilled and experienced doctors make mistakes, and a claim of malpractice lawsuit must be supported by other elements like breach, proximate causality and actual injury. If a doctor fails sterilize his equipment prior the time he administers anesthesia and the patient develops an infection due to this, the doctor might be guilty.

Legal actions claiming malpractice are usually filed in state trial courts where the alleged malpractice took place. Federal courts can be able to handle the case in certain instances. For instance, a lawsuit could be filed in federal court if there is a dispute over the time limit or when there is a significant variation in the citizenship of the parties involved in the case. Some claims are settled by binding arbitration. This is a less-formal process that involves professional decision makers. It is designed to cut costs, expedite the legal proceedings, and eliminate the risk of overly large juries. However, arbitration is not available for all malpractice claims.

Dosage for a drug that is not correct

Medication errors, also known as medication mistakes are among the main causes of medical malpractice suits. They can involve a physician prescribing the wrong medication or giving the wrong dosage to patients. These errors are often preventable. Depending on the circumstances, a hospital staff member, a pharmacist or other health care providers could be held accountable for the injuries suffered by a patient who was prescribed the wrong dosage of a drug.

A doctor may prescribe the incorrect medication to a patient as a result of an inaccurate diagnosis or simply by misreading the prescription. A health professional could also administer the wrong dosage due to a lapse in communication. For example nurses might take a doctor's prescription and read it incorrectly or a pharmacist could fail to fill the prescription. In other situations doctors may delay in administering the correct medication to the patient, which could result in their condition worsening.

In order to be successful in an action for malpractice, a victim must prove that the medical professional did not meet their standards of care and that negligence directly caused the injuries. This requires medical experts to be present. A medical malpractice case must prove the severity and damage of the victim's injuries. This includes the cost of treatment as well as any wage loss. The greater loss is in the greater value of the claim will be.

Wrong Procedure

This kind of incident is not unusual. It may seem impossible for medical professionals to perform the incorrect procedure on patients however, it happens. The surgeon who makes this error could be held accountable for malpractice. A patient who suffers injury as a result of an error during surgery can be held liable for any negligence that occurred during the procedure.

A health care professional who is accused of negligence must prove that the patient was injured due to a specific act, or inability to act. To prove this the legal team of the patient must demonstrate that: (1) the doctor was in an obligation to provide care or treatment; (2) that the doctor breached 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 meaningless unless it causes injury this is why medical malpractice claims are usually based on a legal doctrine called "res ipsa loquitur." This law states that, in the majority of cases certain injuries are so evident and obvious that they can only be explained through negligent actions.

Depending on the facts of the case, the plaintiff (the patient or their legally designated representative) or their attorney can present the claim to state or federal court. The majority of malpractice cases are filed in state courts, but in certain situations the medical negligence lawsuit can be filed in federal district court.

Wrong Surgery

The procedure that is performed on the wrong site is not common however, it could be a case of medical malpractice when the procedure is done in the wrong location of your body. This type of mistake is usually caused by miscommunications between the surgical team, Malpractice litigation or by production pressures that lead to surgeons having multiple surgeries assigned at once. In these situations the surgeon isn't alone in his or her responsibility for an incorrect-site procedure because there is an underlying legal principle referred to as "res ipsa loquitur" which means that the result of the error is evident and cannot be traced to negligence.

If a patient is injured due to surgery performed on the wrong site it is possible that he or she will require additional treatments to correct problems caused by the surgical mistake. This can result in high medical bills for patients and their families. These expenses should be taken into consideration when calculating the financial impact of medical malpractice attorneys claims.

Most often, surgeons are held responsible for surgical mistakes. They are responsible in preparing the patient prior to the procedure, checking the medical records and chart of the patient, coordinating with the rest of the medical team, and ensuring that the incision was made at the correct location. However, in certain instances an anesthesiologist or hospital may also be liable. Medical malpractice cases are typically filed in state courts, however, under certain circumstances they may be transferred to federal courts.