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Common Causes of Malpractice Litigation

Malpractice litigation is a tense process. The question of whether or not an error constitutes malpractice depends on the ability of the patient to prove four legal elements that include a professional obligation breach of this duty; injury resulting from the breach; and tangible damages.

Plaintiffs must also prove the elements using evidence, such as expert testimony and depositions.

Incorrect diagnosis and failure to diagnose

Failure to identify an injury or illness accurately can cause serious complications, or death. Misdiagnosis is a common reason for medical malpractice attorneys. To show negligence, the patient or their lawyer must show that an experienced doctor in similar circumstances would not have misdiagnosed a condition.

Every misdiagnosis can be considered to be an error, but. Even highly skilled and experienced doctors can make mistakes. Therefore, any claim for malpractice attorney must be backed by other factors, such as breach, proximate reason and actual injury. If a physician fails to sterilize his equipment prior to administering anesthesia and the patient is infected because of this, the doctor could be found to be negligent.

The majority of lawsuits involving malpractice are filed in state trial courts, where the alleged malpractice occurred. However, federal courts could have jurisdiction in certain situations. For instance, a claim could be filed in federal court if it involves the interpretation of a statute of limitations or in the event of a significant variation in the citizenship of the parties to the case. Some claims can be settled through voluntary binding arbitration. This is a less formal procedure involving professional decision makers that is designed to cut costs, speed up legal proceedings and reduce the risk of overly generous juries. However, arbitration is not accessible for all claims of malpractice.

The wrong dosage of medication

Medication errors—also called medication mistakes—are among the most common causes of medical malpractice lawsuits. They can result from a doctor writing a prescription that is not correct or delivering the wrong dose to patients. These errors are usually preventable. In the event of an incident the situation, a pharmacist, a hospital or other health care providers could be held responsible for the harm caused by patients who were given the wrong dose of a medication.

A doctor Malpractice Lawsuits may prescribe the incorrect medication to a patient because of an incorrect diagnosis or simply because they misread the prescription. A health care professional could also prescribe the wrong dosage due to a breakdown in communication like when the nurse reads the doctor’s handwritten prescription incorrectly or the pharmacist makes an error in filling out the prescription. In other cases, a doctor could delay administering the correct medication to the patient, resulting in the patient’s condition getting worse.

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 their injuries. This requires the testimony of a medical expert. A medical malpractice case also must establish the extent and severity of the victim’s injuries. This includes the cost of treatment for a patient and any wages lost. The greater the loss the greater the value of the claim.

The wrong procedure

This type of incident is not unusual. It might seem impossible for medical professionals to carry out the wrong procedure on patients, however, it happens. If a surgeon makes this error can be found responsible for malpractice. However the patient who is injured due to a surgical error may also be held liable for any negligence that occurred the way to the procedure.

Any health professional who is accused of malpractice must prove that the patient was injured by a specific act or inaction. To prove this the legal team of the patient must prove: (1) that the doctor was required to provide treatment or care to the patient; (2) that he failed to fulfill his obligation; (3) that a causal connection exists between the breach and injury; and (4) the harm results in damages that the legal system could address.

A breach of duty of care has no value unless it results in injury. This is why medical malpractice cases tend to be based on the legal doctrine «res ipsa locquitur» which states that certain injuries are so obvious they can be explained only by negligence.

Depending on the circumstances of the situation, the plaintiff (the patient or their legally designated representative) or their attorney may bring the case in federal or state court. Most malpractice cases are filed in state courts, however under limited circumstances medical malpractice lawsuits could be filed in federal district court.

Wrong Surgery

The wrong-site surgery is rare but it can be considered medical malpractice when the procedure is done in the wrong place on your body. This kind of error is often due to miscommunication between the members of a surgical team or production pressure that results in a surgeon being assigned multiple surgeries at one time. In these cases the surgeon isn’t solely responsible for an incorrect-site procedure due to a legal principle known as «res ipsa locquitur», which states that the result is a matter of fact and cannot be blamed on negligence.

If an individual is injured in an operation that was performed on the wrong site it is possible that the patient will require additional procedures to rectify issues that were caused due to the error. This could result in expensive medical expenses for patients as well as their families. It is important to keep these costs in mind when calculating the financial costs of medical malpractice claims.

Surgeons are usually found to be responsible for surgical mistakes as they are the ones who are accountable for preparing for malpractice lawsuits the operation, double-checking the patient’s chart and medical records, communicating effectively with the other members of the medical team and making sure the incision is located at the correct location. In some instances the hospital or anesthesiologist can also be held liable. Medical malpractice lawsuits are typically filed in state court, however, they can be transferred under certain circumstances to federal court.