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Common Causes of malpractice attorneys Litigation

Malpractice litigation can be a difficult procedure. If a patient can demonstrate four factors, it will determine whether or not the mistake is a case of malpractice. These are the following: a professional obligation; a breach of that obligation; an injury that results from the breach; and quantifiable damages.

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

Misdiagnosis and Failure to Diagnose

Failure to identify an injury or illness in a timely manner can cause serious complications, or death. A large number of medical malpractice cases involve incorrect diagnosis. To prove negligence, the patient or their attorney must show that a competent doctor under similar circumstances and in the same field would not have misdiagnosed the problem.

Misdiagnosis does not always constitute negligence. Even the most skilled and trained doctors make mistakes. Therefore, a claim of malpractice must be supported by other factors like breach, proximate cause and actual injury. If a doctor does not sterilize his equipment prior to giving anesthesia and the patient gets infected due to this, the doctor may be found to be negligent.

The majority of lawsuits involving malpractice are filed in state trial courts, where the alleged misconduct occurred. However, federal courts might have jurisdiction in certain situations. A case may be brought before a federal court in certain circumstances. For example it could be a dispute about a statute of limitation or if the parties are of different nationalities. Additionally, some cases are resolved through binding arbitration that is voluntary. This is a less formal procedure that is governed by professional decision makers. It is designed to reduce costs, expedite the legal proceedings, and eliminate the risks associated with large juries. However, arbitration is not accessible for all malpractice claims.

Dosage for a drug that is not correct

Medication mistakes, also referred to as medication errors, are one of the most common causes of medical malpractice lawsuits. These errors can be caused by a physician who writes prescriptions in a wrong format or giving the patient the wrong dosage. These errors are often preventable. In certain circumstances the hospital, its staff, a pharmacist or other health care providers may be held liable for the injuries sustained by patients who were given the wrong drug dosage.

A doctor may prescribe the wrong medication because of a misdiagnosis, or simply making a mistake in the prescription. A health professional may also administer the wrong dose due to an inability to communicate like when a nurse reads the doctor's handwritten script in error or the pharmacist makes an error in filling the prescription. In other instances, the physician may delay giving the correct medication, which could cause the patient's condition to worsening.

In order to be successful in a malpractice case, the victim must show that the medical professional did not meet their duty of care and that the negligence directly contributed to their injuries. This requires testimony from a medical expert. Furthermore, a medical negligence claim must establish the extent of a victim's injuries and the damages they suffered as a result of the negligence. This includes the cost of treatment as well as any lost wages. Generally, the greater a person's losses are then, the more valuable the claim will be.

The wrong procedure

This kind of situation is not uncommon. It might seem unattainable for medical professionals to carry out the incorrect procedure on patients, but it does happen. The surgeon who makes the mistake could be held accountable for malpractice. However, a patient who is injured due to a surgical error could also be held accountable for any negligence that occurred during the path to the procedure.

Any health care professional who is accused of malpractice must prove that the patient was injured by a specific action or failure to act. To establish this the legal counsel of the patient must prove that (1) the doctor had an obligation to provide care or treatment; (2) that the doctor breached this duty; (3) that there is a direct causal link between the breach and the injury and (4) that the injury causes damages that the legal system can resolve.

A breach of duty of care has no significance 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 says that certain injuries are so obvious they can be explained only by negligence.

Based on the facts of the case, the plaintiff (the patient or their legally designated representative) or their attorney may present the claim to state or federal court. The majority of malpractice cases are filed in state court, however under limited circumstances medical malpractice lawsuits may be filed in federal district court.

Wrong Surgery

Wrong-site surgery is a rare error, but it may be considered medical malpractice attorney if the procedure is performed on the wrong area of the body. This kind of error is often the result of miscommunication between members of a surgical team, or production pressure that results in an individual surgeon being assigned multiple surgeries at one time. In these instances the surgeon is not solely responsible for a wrong-site procedure because of the legal principle known as "res ipsa locquitur" which states that the result speaks for itself and cannot be attributed to negligence.

If a patient gets injured by wrong-site surgery the patient may require additional procedures to repair problems exacerbated by the mistake. This results in costly medical bills for patients and their families. This expense should be taken into consideration when calculating the financial consequences of medical malpractice lawsuits.

Most often surgeons are liable for surgical mistakes. They are responsible in preparing the patient for the procedure, examining the medical record and chart of the patient, coordinating with the rest of the medical team, and ensuring that the incision was placed in the proper location. In some instances hospitals or anesthesiologists may also be held responsible. Medical malpractice lawsuits are typically filed in state courts, but they may be transferred under certain circumstances to federal court.